Uncontested divorces make up the majority of all divorces throughout the United States.
In Alabama, an uncontested divorce is where both parties agree on how to settle any and all issues surrounding a separation of marriage.
Items such as division of property and assets, debts and other
liabilities, issues surrounding children, alimony, division of
retirement, and anything else that may come about in a divorce case need
to be agreed upon.
The good news for anyone seeking an Alabama uncontested divorce is that it is the easiest and cheapest form of divorce. Most attorneys will charge a minimal fee, but an attorney is not necessary.
Other options include finding a document preparing agency that will prepare the forms or seeking legal aid if both spouses cannot afford an attorney.
To file any divorce in Alabama, the spouse filing the complaint must have been an Alabama resident for at least the past 6 months.
In addition to this requirement, there is a 30-day waiting period before a judge can rule on the forms presented to the court.
The process for filing an Alabama uncontested divorce is relatively easy and only requires a few steps.
First, the proper forms need to be filled out by the plaintiff and filed with the county circuit court.
Next, if both spouses agree, a judge will rule on the documents presented to the court.
The main form that must be completed is the Complaint for Divorce, which is the initial action starting the divorce proceedings.
Along with this complaint, a marital separation agreement and the original marriage certificate must be submitted.
In addition to these documents, the defendant, or spouse that did not file the original complaint, must sign a formal statement that they agree with the complaint and do not wish to contest the original complaint.
Alabama Marital Separation Agreement
If the uncontested divorce involves children then all issues regarding child support, custody, and visitation need to be included in the marital separation agreement and what is called Rule 32 forms need to be filed with the divorce package.
Anyone filing for divorce in Alabama will have to follow the above mentioned process. The best method of ensuring that the process is followed, as it should be done, is to hire an attorney in the county where the divorce is being filed.
Alabama Divorce - Local Rules and Forms
Different counties throughout Alabama may have local requirements, which may apply to these types of divorce cases.
If one is trying to file an uncontested divorce without the help of an attorney, both parties need to research county requirements and verify they have all of the correct forms before filing. If any form does not meet court protocol, the court may not accept the documents.
What happens once the judge has ruled on an uncontested divorce? Once the case is officially ruled on, both parties can move on with their lives without worry as long as they continue to meet whatever agreements were formally made in the marital separation agreement.
Alabama code does require that both parties wait at least 60 days before they are eligible to remarry except to each other.