Birmingham Uncontested Divorce Lawyer
When many people face the idea of divorce, they often envision a long and bitter battle over property, child custody, and other terms. Fortunately, this does not have to be the case. In some instances, both parties can agree to the different terms and obtain an uncontested divorce. Uncontested divorces have many benefits for couples, but it is still important to work with an attorney. Below, our Birmingham uncontested divorce lawyer explains the process, and the benefits it brings.
What is an Uncontested Divorce?
During an uncontested divorce, each party agrees to every term of the divorce. These terms include the division of marital property, child custody, child support, and more. If a couple disagrees on even one term, they must get a contested divorce and use mediation or litigation to resolve their differences. While obtaining an uncontested divorce does have many benefits, they are not practical for everyone. For example, if you believe your spouse is hiding assets, or will during the divorce process, you probably need to get a contested divorce.
Benefits of Getting an Uncontested Divorce
Uncontested divorces have many benefits, and they are as follows:
- Less costly than a contested divorce,
- Proceedings are much faster than in contested cases,
- Less stressful than a contested divorce,
- Can protect children involved from the stress and conflict of contested cases, and
- Retain more control over the process, as you decide the terms.
The above are just a few of the biggest benefits an uncontested divorce can bring. Due to the fact that an uncontested divorce is generally much less stressful in every aspect, they are becoming more popular today.
Requirements for an Uncontested Divorce in Alabama
Like other legal matters, there are certain requirements couples must meet if they wish to obtain an uncontested divorce. Like all other divorce cases, you and your spouse must both live in the state. If your spouse does not live in Alabama and you wish to file for divorce, you must live in the state for at least six months. People out of state cannot file for divorce in Alabama.
You and your spouse must also agree to the no-fault grounds for divorce in the state. In Birmingham, there are two no-fault grounds and they are as follows:
- You and your spouse are no longer compatible, and
- The marriage is irretrievably broken and any future attempts at reconciliation would be futile and go against the best interests of the family.
You and your spouse must also agree to all terms of the divorce including the division of marital property, alimony, child custody and visitation, and child support. Issues such as child support and child custody must comply with state law and if there is a deviation of the guidelines, the settlement agreement must explain why.
Once you have met the requirements and filed for divorce, there is a 30-day waiting period before the divorce is official.
Our Uncontested Divorce Lawyer in Birmingham Can Help with Your Case
Even when you and your spouse can agree, it is still important to work with a Birmingham uncontested divorce lawyer. At Peeples Law, our seasoned attorney can draft your agreement, ensure it is enforceable, as well as provide legal advice about certain tax implications, and ensure there are no unnecessary delays. Call us now at 205-403-5577 or contact us online to schedule a consultation.
