Uncontested divorces are the easiest to obtain in Alabama. An uncontested divorce is one in which, prior to either party filing a complaint about divorce with the court, the parties sign a settlement agreement outlining all the provisions that would be included in their divorce decision.
There are some special circumstances under which an Alabama uncontested divorce lawyer may be able to create the settlement agreement and other paperwork that is required for an uncontested divorce if the parties agree on all the conditions of the divorce. The court may formalize the divorce decree after the signed papers are submitted to the court and 30 days have passed.
How can an attorney help your case?
A professional attorney should prepare the settlement agreement and other paperwork required for an uncontested divorce. Poorly written settlement agreements might omit crucial details, perform poorly in court, be rejected, and expose the parties to expensive and complicated litigation in the future.
In Alabama, a lawyer is limited to representing and advising one side at a time. Even in uncontested divorces, it is preferred that each party have their attorney to protect their interests and at the very least evaluate the divorce agreement before signing. Without legal representation, a party risked entering into a contract that they did not comprehend entirely or that did not serve their interests.
In legal terms, a divorce is considered “contested” if a divorce complaint is filed before the parties have reached a settlement. After initially filing a divorce complaint, the parties often settle the matter without going to trial. It is possible to begin the required 30-day waiting period even when both parties anticipate reaching a settlement.
Even if they think they and their spouse are working out the details of an agreement, anyone who receives a summons and complaint about divorce should take the necessary steps to hire a lawyer immediately to file a suitable answer. When a summons and complaint about divorce are not answered promptly, a default judgment may be rendered.
Although obtaining a divorce in Alabama without a fight may be the quickest option, it is not always the best option. Uncontested divorces are just not appropriate in certain circumstances. The decision of whether to go through with an uncontested divorce or not can be assisted with the help of a qualified divorce or family law specialist.