Uncontested Divorce in Huntsville, Alabama
If you and your spouse have decided to end your marriage and can come to an agreement on all issues related to your divorce, you are in a good position to move forward with the next chapter in both your lives. Those who handle divorce in an adult and businesslike manner do themselves and all those around them, particularly children, a big favor.
However, even an uncontested divorce is a legal undertaking that must be handled correctly to protect against unintended consequences. It is important to have an experienced Huntsville uncontested divorce lawyer by your side who is dedicated to protecting your rights and interests. At New Beginnings Family Law, our skilled divorce attorneys provide extensive legal knowledge and show genuine compassion because we have all been in your shoes. Our sensitive legal team will:
- Discuss your situation with you to develop an understanding of the future you want for yourself and your family
- Review complicated issues with children and the military
- Fairly explain the stakes of your divorce and help you move forward based on informed decisions
- Set goals for dividing assets and liabilities, establishing child custody and visitation rules, setting support payments (child and spousal), and resolving other issues
- Review any agreement you have already reached with your spouse to ensure it is fair and equitable
- Talk through and advise you on how decisions made during the divorce will affect your children
- Always be available to talk or answer any questions or review any legal document you have about your case
If you are filing for divorce, schedule a consultation now to discuss how to get an uncontested divorce in Alabama. We will walk you through your next steps and help you develop a plan for moving forward. Call us at (256) 518-9529 or fill out our online form to get started today.
Do I Need an Uncontested Divorce Lawyer?
Divorce is a legal process that replaces the contract of marriage with a new, legally binding agreement. You have personal rights and financial assets in a marriage, both of which should be protected in the marital settlement agreement that legally defines your grounds for divorce.
Despite allowing no-fault divorce and uncontested divorce, Alabama divorce law and the divorce process remain complex. An experienced Huntsville uncontested divorce attorney will work to protect you from lasting negative financial and personal consequences due to an improperly drafted marital settlement agreement. Some of the elements an attorney will consider:
- Are the assets divided equitably?
- Is the responsibility for liabilities — debt — outlined properly in the divorce papers and agreement?
- If you have underage children together, how often and when will you see them? Have you agreed on decisions about how they will be raised?
- Are your home, income, and other assets and possessions protected in the agreement?
If you and your spouse agree to everything, you might rely on him or her to hire an attorney to do the paperwork for both of you to sign. But can you count on that lawyer to protect your best interests? What if you want to have a confidential discussion about your situation, apart from your spouse?
Although a judge must sign your Final Decree of Divorce, you also cannot count on him or her to protect your rights. It is not the judge’s job to review your file for imprecise phrases or faulty wording that skews the impact of your settlement agreement.
Let the experienced Alabama divorce attorneys at New Beginnings Family Law provide smart legal advice and counsel as you make these life-altering decisions. We will be on your side, providing support as you and your spouse work together to change your legal relationship. However, we will also consider your interests separately from your spouse’s, just as his or her divorce lawyer should do.
Uncontested Divorce Law: Required Forms
Under Alabama law, a married couple who can agree on every issue to be settled in the dissolution of their marriage may obtain an uncontested divorce simply by filing the proper paperwork and paying a nominal processing fee. The required paperwork must be filed at the court in the county in which either spouse lives. For example, a Huntsville resident could file in Madison County Circuit Court.
The required forms for a divorce in Alabama include:
- Answer, Waiver, and Agreement for Taking Testimony
- Testimony of Plaintiff (must be notarized)
- Divorce Decree
- Separation Agreement
- Vital Statistics Form (Certificate of Divorce)
If you have underage (minor) children, you will also need:
- Child Support Information Sheet (form CS-47)
- Child Support Obligation Income Statement/Affidavit (both parties) (CS-41)
- Child Support Guideline Form (form CS-42)
- Child Support Guideline Notice of Compliance (form CS-43)
- Order/Notice to Withhold Income for Child Support
Our Uncontested Divorce Attorney Can Help Today
A knowledgeable Huntsville uncontested divorce lawyer can help you ensure all paperwork is properly filled out and filed. Forms vary somewhat from county to county in Alabama, so having an attorney who knows the area is crucial.
Once divorce forms are signed by each spouse and submitted, the file must sit in the clerk’s office or judge’s office for a 30-day “cooling-off period.” Afterward, all that is necessary is for a judge to sign the Final Decree of Divorce, which typically takes up to 30 days more due to the current caseload in Alabama family courts.