Contested Vs Uncontested Divorce

Generally, there are two different types of divorce cases – contested and uncontested. In a contested divorce, the future ex-spouses do not agree on some or all aspects of a divorce so a judge will oversee a trial, examine evidence, and hear from witnesses. This can be quite a lengthy process but is sometimes necessary. On the other hand, uncontested means that the future ex-spouses agree on all issues required to end their marriage. Sometimes this is called a “simple divorce.”

Uncontested Divorce

Even though it is sometimes referred to as “simple,” uncontested divorces still must address the same issues as a traditional divorce such as: child custody, child support, potential alimony, and property division. While this may take some time and effort (and patience) from both parties, it may be the best option for some couples.

While it is acceptable to complete the uncontested divorce process without an attorney, doing so may you leave at risk. There are state-specific divorce laws that may be applicable to your case and retaining an attorney can provide you with the support and assistance you may need along the way. They can also offer advice on proposed settlements, make sure you complete the required paperwork properly, and can ensure that the appropriate paperwork is submitted on time.

Requirements for Uncontested Divorce

• One spouse must be a resident of Alabama for at least 6 months prior to filing
• Both spouses must be willing and available to sign all the necessary paperwork
• Both spouses must agree on the settlement of all issues
  

Alabama's Uncontested Divorce Process

The required forms and fees necessary to file for an uncontested divorce vary from county to county. Each county's specific details can be found on their respective websites. The first form you need to file is typically the Complaint form which provides details on why you are seeking the divorce such as irreconcilable differences. From there, there are specific forms on other issues likes custody arrangements, alimony, property division, etc. The cost to file these forms varies by county as well so you will need to check with yours to specify the total amount required. Filing fees are non-refundable; if you are unable to pay the filing fees, you may fill out a fee waiver from your county. Once all paperwork is received, there is a 30 day waiting period before the judge will sign the decree. Any misinformation or incorrect forms will need to be corrected and may delay the filing.

Why Choose Shelby L. Scott

Shelby has several years of experience in drafting divorce settlements and can advise you on the various aspects of the agreement to ensure all your needs are taken care of. She can also provide support so you understand the legal ramifications and how might affect you long-term. Once completed, she will also assist you with filing to ensure everything is taken care of properly.