Fri. Jan 17th, 2025

A quick overview of uncontested divorce in Alabama

Ending a marriage requires courage and self-love, and it’s not an easy decision, no matter the circumstances. If you have decided to file for divorce, you would want the process to be less-devastating, if possible. Alabama allows for no-fault divorce, which means you don’t have to blame your spouse of marital misconduct to get the divorce. What exactly is an uncontested divorce? Should you consider DIY filing or hire one of uncontested divorce lawyers in Alabama? In this post, we are covering the basics. 

Understanding uncontested divorce

An uncontested divorce is one, where a separating couple decides to part ways in an amicable manner. Usually, either of the spouses can file for divorce, and if the other spouse agrees to it, it would become an uncontested divorce. For the divorce to be finalized, a couple is expected to work on relevant issues, including property division, spousal support, child custody, and child support. If the spouses can agree on all of these things and come up with an agreement, the divorce will be finalized. In Alabama, there is a wait time of 30 days, from the date of filing, and this applies to uncontested divorces too. 

Why should you consider an uncontested divorce?

Simply put, uncontested divorces are simple, easy to finalize, and costs less. It allows the separating spouses to think beyond their own interests and focus on an arrangement that’s acceptable to both. If you have a minor child, an uncontested divorce is the best way to address issues like child custody and support, and you can come up with your parenting plan. In some cases, the couple doesn’t even need to go to court.

Do you need an attorney?

Alabama allows for DIY divorce, and it makes sense to many people, who don’t want to spend on an attorney. However, it is essential to recognize that divorces are inherently complex. Even in an uncontested divorce, you would need to know your rights and protect your interests. Just because your spouse agrees to the divorce doesn’t mean you should accept anything and everything they demand. You have a right to property and other assets that are jointly owned, and your attorney can educate on all that. 

The good news is most attorneys in Alabama charge a flat fee for uncontested divorces, and therefore, legal representation doesn’t have to be expensive. You can expect your lawyer to offer all the assistance required to finalize the divorce.