There are generally two types of
uncontested divorce is usually faster and cheaper and is sometimes known as a no-fault divorce.
In this case, both spouses come to an agreement on the important issues
of property division, alimony, and child custody before the divorce is
filed. In an uncontested divorce, just as it sounds, both spouses can
reach an agreement without dispute.
To obtain an uncontested divorce in Alabama the following must be met:
- One spouse needs to have been an Alabama resident for at least six months
- Both spouses should be willing and able to sign all necessary paperwork, and
- Both must agree on the settlement of all relevant issues
In an uncontested divorce, an attorney can draft and prepare the relevant
documents to be signed by both parties including a settlement agreement
and file them with the appropriate court. While courts will not usually
sign the divorce agreement for at least 30 days, the spouses can receive
a final decree of divorce within 6 to 12 weeks later.
In general, no court hearings are needed for an uncontested divorce in
Alabama since both spouses are in agreement to the terms of the divorce.
What is a contested divorce?
Contested divorce involves a divorce attorney who files a divorce where no agreement can
be reached by the spouses themselves. An agreement will worked towards
with respective attorneys in court hearings which take place each month
or so. A judge can eventually decide on the important aspects of the divorce
agreement if no agreement can be found. Contested divorces generally cost
much more in attorney fees and take much longer.
If you are considering getting a divorce look to a Birmingham divorce lawyer
form my firm to advise you from the start.
The Law Office of Zach Horsley, LLC can represent you whether you and your spouse can agree to terms or not.