Any divorce, be it contested or uncontested takes time. Almost all the states have a minimum time period that must pass before the court finalizes the case. A contested divorce may take years to resolve, leading to financial suffering for one spouse. Sometimes, complex issues like child custody and support delay divorce conclusions. An expert Huntsville contested divorce lawyer can help you fasten the process by correctly evaluating the situation and helping you make the proper steps.
Temporary settlement before divorce
Spouses who need assistance can file for a motion that asks the court to act immediately. If there are disagreements on the child custody, visits, and support, the court can issue a temporary schedule that needs to be followed by both spouses. It is until the judge gives a new order upon finalizing the divorce process.
Generally, couples request alimony for child support during the divorce process. However, less commonly, the court orders to pay some marital expenses temporarily until the divorce finalizes.
Mediation as an option and its benefits
The court sometimes orders mediation to avoid emotional stress in the families. It is presented as an alternative to a contested divorce. Some states allow private and voluntary mediation, saving time and money during the divorce.
Mediation involves a neutral third party who tries to resolve the issues. It is confidential, and things discussed cannot be used against the spouse during the trial.
Suppose the couple agrees on the terms in the divorce, then the mediator party drafts a marital settlement agreement for both the spouses to sign. It is then presented in court. If there are still some disagreements, the court can decide on those matters.
The court encourages the couple to negotiate and come up with a resolution. Hence at any point in a contested divorce, the couple can work on a solution and finalize a settlement agreement. And the judge generally agrees to the deal evaluating if it is fair and in the children’s best interest (if any). This process still needs a hearing from the court in which the judge confirms with the spouses if any of them were forced to agree on the final agreement.
Conclusion:
If you and your spouse cannot resolve the issues, you need to take the trial in court, which is a time-consuming and costly affair since it involves attorney fees, court fees, etc. Finally, a judge who is not familiar with you and your family will be the one deciding and settling the divorce dispute.
