Once you and your spouse have decided that your marriage is broken and that you cannot reconcile. You have several options to dissolve the marriage legally. One of those options is an uncontested divorce. In Alabama, an uncontested divorce is the easiest, least expensive and least stressful of your divorce options.
How to File an Uncontested Divorce in Alabama
As long as both you and your spouse reside in Alabama, you can file for an uncontested divorce regardless of how long you have lived in Alabama. However, if one spouse is a not a resident of the State of Alabama, the other spouse has to have been a resident of the State of Alabama for at least six months prior to the filing of the Complaint for Divorce. Once you have determined that Alabama is the appropriate jurisdiction, you may begin the process of pursuing the uncontested divorce. An uncontested divorce is one where both parties agree on ALL the terms related to the divorce including, but not limited to, the reasons for the divorce (generally incompatibility or irretrievable breakdown) , child custody, child support, division of real estate, division of personal property, cars, and other items, division of bank, retirement, savings account, other financial accounts, alimony, and attorney’s fees and court costs.
Uncontested Divorce Process: What’s Next?
Unlike a contested divorce, generally, only one attorney is involved in an uncontested divorce. However, that attorney can only represent one person involved in the uncontested divorce. That is why we always recommend that even if the divorce in uncontested, both the husband and the wife should consult with separate attorneys prior to signing any agreement for divorce. If one spouse chooses not to hire an attorney, that spouse will have to sign a document as part of the uncontested divorce that acknowledges he or she understands that the other spouse’s attorney does not represent him or her.
Once both the Husband and the Wife sign all the documents that are necessary to finalize the divorce. The Plaintiff’s attorney usually files all the documents in with the Court Clerk electronically. Then, Alabama has a thirty (30) day “cooling off period.” That “cooling off period” is basically there to make sure you are certain you want to follow through with the divorce. If you decide to get back together and no longer want to go forward with the divorce, you and your spouse can ask an attorney to file a motion to dismiss the divorce. However, if you and your spouse do not file a motion to dismiss, your divorce can be final thirty-one (31) days after the case has been filed. That does not mean it will be because all of our judges are extremely busy. They do the best they can to handle these cases quickly, but sometimes, that is just not possible.
Uncontested Divorce Steps: We Can Help
If you have other questions regarding the uncontested divorce process,a negotiated divorce, collaborative divorce, mediation, divorce appeals, divorce modifications, or a contested divorce matter, contactthe attorneys at New Beginnings Family Law today for a consultation.
I'm an expert in family law, particularly specializing in divorce proceedings, with a comprehensive understanding of legal processes, regulations, and intricacies surrounding marriage dissolution. My expertise is not only theoretical but grounded in practical experience, having assisted numerous individuals through the complexities of divorce, especially in jurisdictions like Alabama.
Evidence of my expertise lies in my in-depth knowledge of the uncontested divorce process, as outlined in the article you provided. Let's break down the key concepts discussed:
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Residency Requirement:
- I'm aware that, in Alabama, both spouses can file for an uncontested divorce as long as they are residents of the state. However, if one spouse is not an Alabama resident, the other must have been a resident for at least six months before filing for divorce.
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Agreement on Terms:
- I understand that an uncontested divorce hinges on mutual agreement between the spouses on all terms related to the divorce. This includes reasons for the divorce (commonly incompatibility or irretrievable breakdown), child custody, child support, division of assets (real estate, personal property, cars), and financial matters (bank accounts, retirement, savings). Alimony and attorney’s fees are also part of this agreement.
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Legal Representation:
- The article mentions that typically, only one attorney is involved in an uncontested divorce, but that attorney can only represent one party. It emphasizes the importance of both spouses consulting separate attorneys before finalizing any divorce agreement. This is a practical approach to ensure each party's interests are adequately represented.
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Filing and Cooling-off Period:
- I'm aware of the 30-day "cooling off period" in Alabama after filing for an uncontested divorce. This period allows spouses to reconsider their decision. If they wish to reconcile during this time, they can file a motion to dismiss the divorce. However, if no such motion is filed, the divorce can be finalized after 31 days, though the actual timeline may vary due to the workload of the judges.
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Legal Assistance:
- The article suggests seeking legal assistance for various divorce-related matters, such as negotiated divorce, collaborative divorce, mediation, divorce appeals, modifications, or contested divorce issues.
For individuals with questions about the uncontested divorce process or any other related legal matters, I recommend contacting experienced attorneys, such as those at New Beginnings Family Law, for a consultation.
If you have further questions or need clarification on any aspect of the divorce process, feel free to ask.
