Divorce Litigation in Shelby County: When This Option is Best for You

The divorce process can be daunting to navigate. This journey involves complex procedures, legal jargon, and emotional difficulties. Without the assistance of a Shelby County divorce attorney the litigation process can lead to unfavorable outcomes. Thankfully, you do not need to go into this process alone. A divorce attorney can be your legal guide and advisor. They can educate you about when litigation is necessary in divorce and what to expect from it. Learn more about divorce litigation below:

Kinds of Divorce 

In Shelby County, Alaba, divorces often fall into the following categories:

• Contested divorce. This divorce takes place if you and your spouse can’t reach an agreement on at least one issue. In a contested divorce, a judge will make the final decision. Typically, this divorce is more complicated and expensive as it requires a long time to resolve. 
• Uncontested divorce. Such kind of divorce happens if you and your spouse agree on all issues in your divorce like property division, child custody, alimony, and child support. Often, this divorce is faster and more affordable because it doesn’t require a court trial. You and your spouse may create an agreement with the help of an attorney or mediator, spelling out the divorce terms. This agreement will become part of your final divorce degree. 

What to Expect in Litigated Divorce

Once you file the divorce complaint, your spouse has thirty days to respond to it. This results in the discovery phase, where you and your spouse collect evidence to support your respective positions. If you fail to reach a settlement during or after the discovery stage, a trial will follow. A judge will hear both sides in court, assess the evidence presented, and issue a divorce decree. 

Resolving a damaged marriage is not only possible with divorce litigation. Ideally, you and your spouse can try to settle your disputes amicably or reconcile. Also, you can divorce through mediation or collaborative divorce. But if disputes over property division, child custody, and spousal support persist, litigation might be necessary. 

Divorce Litigation Benefits

While a litigated divorce requires financial and emotional resources, litigation provides some benefits. It makes sure your marital assets are distributed fairly to every party. To accomplish equitable division of assets, they evaluate some factors like the contribution of every spouse to the marriage, the length of your marriage, and future economic prospects. 

In addition, divorce litigation protects the rights of every party by providing each spouse with the chance to explain their opinion and seek relief through a court petition. In addition, the decisions of the judge on major divorce issues are binding.