In Alabama, an uncontested divorce is a type of divorce where both spouses agree to all the terms of the divorce without the need for a trial or a judge’s decision. This type of divorce is usually faster and less expensive than a contested divorce.
Here are some things you need to know about uncontested divorce in Alabama:
Residency requirement: To file for divorce in Alabama, at least one spouse must have lived in the state for at least six months.
Grounds for divorce: Alabama is a no-fault divorce state, meaning that neither spouse has to prove that the other is at fault for the marriage breakdown. The grounds for divorce in Alabama are irretrievable breakdown of the marriage, incompatibility of temperament, and voluntary abandonment for at least one year.
Filing for divorce: To start the divorce process, you or your spouse must file a Complaint for Divorce with the circuit court in the county where you live. You’ll need to pay a filing fee and provide a copy of the complaint to your spouse.
Agreement on terms: An agreed divorce also known as an uncontested divorce can be done when both spouses agree to divorce. Basically – you both agree on the settlement terms of your divorce without a trial or court intervention. However, you must agree on ALL terms of the divorce. An uncontested divorce is not without dispute or negotiation – it means that you were able to reach an agreement without involving a judge to make decisions for you.
Separation agreement: A marital separation agreement, also known as a property settlement agreement, is a written contract dividing your property, spelling out your rights, and settling problems such as alimony and custody. It outlines the terms of the divorce and must be signed by both parties.
Court appearance: In an uncontested divorce, a court appearance is usually not necessary unless the judge requests it. The court will review your separation agreement and may ask you or your spouse to clarify any terms.
Final divorce decree: Once the court approves your separation agreement, it will issue a final divorce decree. This decree officially ends your marriage.
How Long Does an Uncontested Divorce Take in Alabama?
Alabama divorce laws require at least 30 days to elapse from the filing of a complaint before a final judgment can be entered. However, the actual length of time it takes to finalize an uncontested divorce will depend on the complexity of the case, the court’s schedule, and other factors.
Do You Need an Attorney for an Uncontested Divorce in Alabama?
While it’s not required to have an attorney for an uncontested divorce in Alabama, it’s recommended that you consult with one to ensure that your settlement agreement is thorough and legally binding.
Uncontested divorce in Alabama can be a straightforward and relatively quick way to end a marriage, as long as both parties can agree on all the terms. If you’re considering a cheap divorce, it’s important to understand the steps involved and to seek legal advice to ensure that your interests are protected.