Uncontested Divorce

What is an Uncontested Divorce?

If you are contemplating a divorce from your spouse and you and your spouse have worked out all of the issues, such as the division of property and debts, alimony, and child support, then your divorce can likely be uncontested.  Generally in an uncontested divorce, an attorney for one of the parties will draft a settlement agreement and other supporting documents, which both parties will review and sign, and then the attorney will file all of the documents with the Court.  An uncontested divorce is almost always quicker and cheaper than a contested divorce and there is no need to have a trial in front a judge.  In fact, it is almost never necessary for the parties to even make an appearance in a courtroom during the process.    

The attorney will work closely with one of the parties to craft the divorce agreement and other documents to reflect the terms of the divorce to which the parties have agreed.  It is important to understand that the attorney represents the spouse who contacts and retains the attorney, and the attorney may not represent the other spouse.  That said, with most uncontested divorces there is only one attorney and the non represented spouse simply represents him or herself. 

If the parties are not able to agree on all of the issues involved then they will likely need to file the matter as a contested divorce and begin litigating the matter to prepare for a trial.

It is important to understand that an uncontested divorce gives the parties the opportunity to control (consistent with Alabama Law) all of the terms of their divorce without the uncertainly, expense, and stress of having to litigate and have a trial.

An attorney can help you decide if an uncontested divorce can work for you.  I have represented clients in Alabama for over 20 years and I can help you through this difficult time.  

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