The short answer is yes. You do not have to hire a local family law attorney to obtain a divorce in Alabama. You are allowed represent yourself. An uncontested divorce, also called no fault divorce, is generally less expensive and is processed through the courts quicker than contested divorces. These factors make filing an uncontested divorce a smoother and cheaper method.
Another benefit of an uncontested divorce is that the parties normally do not have to appear in court. However, some counties are more difficult than others. For example, in Etowah and Madison Counties, they sometimes require a hearing in some uncontested divorces, even though both spouses are in agreement. Make sure to check with your local county court for their unique processes.
Even if you don’t legally need one, having an experienced lawyer work with you can make the process easier, quicker, and in many cases cheaper for you. They will bring their knowledge of the law and local court procedures to advise and serve you better. Having a lawyer to represent you in your divorce can help ensure you send in the correct paperwork to the court and that it is submitted in a timely manner. But more than that, an experienced contested divorce lawyer will know the correct legal language to use in your filings. Even if you and your spouse are in total agreement about the terms of the divorce, and even if you turn in the correct paperwork on time to the judge, he or she could still reject it because the content was not legally sufficient to grant a divorce.
There can be more to filing for divorce than filing the standard forms like a Complaint, Answer and Waiver, Testimony, and Settlement agreement. There are multiple documents required when children are of the marriage. You may also need to draw up and file a quitclaim deed to convey joint property to your spouse. You may need to divide your 401(k) or other joint retirement account, which will usually require a special order called a Qualified Domestic Relations Order (QDRO). These are just a few examples of situations where you will need additional documents or need special language in your paperwork.
Representing yourself in court proceedings is called acting as a “pro se” litigant. Pro se litigants have a right to file for an uncontested divorce themselves. But you should be aware, the judge and court clerks will hold pro se litigants to the same standards they hold licensed attorneys in terms of knowing what to file, where to file it, how it should be worded, and applicable laws to apply. You may be tempted to ask the judge or court staff what you should do.
While judges and court staff are generally friendly and can offer you some information about what documents to file, it is against the law for them to give you legal advice and they cannot tell you how to prepare your documents. They will advise you to seek out a lawyer that handles divorce cases.
In most counties in Alabama, judges require a hearing if no one has an attorney helping them with their case. This will involve court costs and, unless you get all your paperwork correct the first time, the judge may tell you to fix your mistakes then come back – adding additional court costs for each hearing. Making mistakes in your paperwork filings can lead to serious delays in obtaining your divorce decree. Mishandling something as serious as a divorce could cost you more in the long run than hiring a lawyer from the start. That is why it can often be cheaper to retain a local divorce lawyer to represent you. For these reasons, it is best to use an actual Alabama attorney and not go with some online document preparation company.
Our divorce lawyers in Montgomery, Birmingham, or anywhere else across the State of Alabama currently charge flat fees for uncontested divorces in Alabama. There is also a filing fee that is charged for filing an uncontested divorce and it is set by each particular county.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, probate, and real estate closings on this website. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply feedback. We appreciate our readers & love to hear from you!