Can I get divorced online if we have kids together? It can be tough for two parties to reach the decision that they should divorce, but it may be even more difficult if the two parties have children. Children that are 19 years of age or older are considered to be adults in Alabama, so they will not have an effect on their parents’ divorce. However, children who are under the age of 19 years old are considered to be minors, so they will affect their parent’s divorce. If the parties have minor children, their divorce will have to address child support and child custody regardless of which type of divorce they are pursuing. A divorce can be pursued as contested or uncontested, and depending on which type is pursued, it may be possible to obtain a divorce online in Lee County.
Contested divorces occur when the two divorcing parties are unable to reach an agreement regarding one or more terms of their divorce. Contested divorces require the two parties to go back and forth with each other up until they have to appear before the Circuit Court for their trial date. This leads to a very expensive divorce because it is so time-consuming, and divorce attorneys in Prattville, or anywhere else in Alabama, have to charge by the hour for their representation. It is hard to estimate a timeframe for contested divorce because they can take years to finalize whereas uncontested divorces can be completed much more quickly.
Uncontested divorces occur when the two divorcing parties are able to agree with one another on each term of their divorce. When this is the case, one of the parties can hire a divorce attorney, for a flat fee, to draft a marital settlement agreement, which is a legally binding contract that states all of their agreed upon terms. Both parties will have to carefully read and fully understand the terms listed in the agreement, and they will both need to sign it. Then, the divorce attorney will draft a Divorce Petition, and they will file the Divorce Petition and the marital settlement agreement with the Circuit Court at the same time. Any time after Alabama’s mandatory 30 day cooling off period, the judge can issue their final divorce decree. Because uncontested divorces mainly consist of drafting documents, they can usually be done online without you and your spouse having to go to court.
Uncontested divorces are usually preferred because of their simplicity. If you and your spouse can reach an agreement, you can absolutely pursue an online divorce in Tuscaloosa County even if you have minor children. Your marital settlement agreement would just need to address child support and custody. Child support should be calculated based on Alabama’s Child Support Guidelines, but you and your spouse can agree to another amount if you are both satisfied with it. As for custody, the most common arrangement tends to be joint legal custody with shared physical custody, which is where one parent has primary physical custody, and the other parent has visitation rights. Alabama has a standard visitation schedule that can be used, or you and your spouse can agree to different days and times. If you have any questions or would like to schedule a consultation with one of our experienced divorce attorneys in Clanton, or anywhere else, then contact us today.
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!