Is My Petition Contested or Uncontested?
Uncontested divorce filings or Petitions to Modify a court order require both parties to agree on all aspects of the filing. This does occur, especially when they reach agreements before preparing their complaint or petition. Uncontested petitions typically move through the process faster and require only the judge’s approval before finalizing.
Contested filings in family law courts occur when the parties do not agree on some or all of the related factors. In a divorce, this could include property division, alimony, child custody, visitation, child support, and more. A disagreement on any of these aspects of the split will require the case to go to mediation and reach a consensus or go to court.
In court, the judge reviews the evidence, hears from witnesses, and decides based on the facts of the case and the applicable Alabama laws.