Alabama Divorce: What’s An Uncontested Divorce?

Alabama Divorce: What’s An Uncontested Divorce?

What Does it Mean When a Divorce is Uncontested?

Divorces in Alabama can be contested or uncontested. If you and your spouse are in agreement on all aspects of your divorce, you can file for an uncontested divorce. An uncontested divorce is both relatively simple and less costly, but you and your spouse need to be in agreement about key issues that can be very emotional. Let’s review some of these areas:

  • Assets. You and your spouse need to agree on how your property will be divided. This includes real estate, investments, retirement funds, personal property, and even pets.
  • Child custody and support. You and your spouse need to agree on details related to who will be involved in decision-making for your children and how you will share time with your children. Once you and your spouse agree on who will make decisions for your children and how time will be shared, your attorney can help you assign terms as joint legal or sole legal and joint physical or sole physical custody. You will also have to agree upon child support, health insurance coverage for your children and now copays and deductibles will be paid.
  • Finances. You and your spouse need to agree on who is responsible for mortgages, school loans, and other debts. You will also need to agree upon whether or not there will be any alimony paid by one spouse to the other.

The divorce process is initiated when you or your spouse files a complaint for divorce. The complaint needs to include your grounds for divorce. You also need to confirm that you’re an Alabama resident. For an uncontested divorce, you submit an “Agreement of the Parties,” which details the agreement you and your spouse have reached regarding issues such as finances and child custody. The agreement must be signed and preferably notarized. If you have children, you’ll be required to attend a seminar about children and divorce. There are other documents that must be prepared and filed along with the Complaint and Agreement in order for the Court to accept your Agreement and enter in the divorce decree. It is best to hire an attorney to assist you to make sure that all the proper documents are completed.

Your paperwork is submitted to the court for final approval. The court will wait at least 30 days to grant the divorce. Occasionally the judge rejects an agreement, often because of a simple error, such as a spouse forgetting to sign it. The agreement may also be rejected if the judge thinks the issues haven’t been addressed thoroughly enough. The spouses can correct the agreement and resubmit it.

Get Help With Your Alabama Uncontested Divorce Now!

Though an uncontested divorce is a simplified process, it’s always a good idea to consult a divorce attorney ahead of time. This attorney can help you evaluate your circumstances and identify potential problems that you may not have noticed. Please contact us today if you’d like to discuss your situation!

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