Why do they call a no fault divorce an “uncontested divorce” in Alabama? When two parties decide that they want to end their marriage, there are two different ways that they can pursue their divorce. There are contested divorces and uncontested divorces. The type of divorce will ultimately depend on whether the two parties are able to come to an agreement regarding the terms of their divorce. This is much easier said than done. Sometimes this is impossible, and the parties have to pursue a contested divorce.
A contested divorce is when the two parties disagree on one or more terms of their divorce. They may disagree over alimony, child support, child custody, etc. When this happens, one of the parties will have to file a Petition for Divorce, and both parties will have to bring the matter before a Circuit Court judge. Then, the judge will hear both parties’ arguments and decide what the outcome will be. This type of divorce is very time-consuming because the parties have to communicate back and forth, and they have to wait on and comply with the Circuit Court’s schedule. Contested divorces in Birmingham can take months or years to resolve, which results in a very expensive divorce.
In Alabama, you may hear the terms “no fault divorce” and “uncontested divorce” used interchangeably. This is because they essentially refer to the same type of divorce. A no fault divorce in Lawrence County, or wherever you live, occurs when both of the parties are wanting a divorce, and they do not blame the other party as the reason for the divorce. Instead, the parties agree that the divorce was mutually decided, and they state one of the no fault grounds for divorce. The no fault grounds for divorce include incompatibility, irreconcilable differences, and irretrievable breakdown of the marriage. The parties will usually state that they can no longer live together, and that reconciliation is no longer in their best interests. When the divorce is no fault, the parties do not contest it, which makes it an uncontested divorce.
An uncontested divorce in Lowndes County is when the two parties are able to discuss, negotiate, and compromise on the terms of their divorce until they are able to reach an agreement. Once they agree, the parties will have a marriage settlement agreement drafted that will list the terms that they agreed to. Each party will have to read and understand the agreement, and then, they will both sign it. After the agreement is signed, it will be filed with a Petition for Divorce in the Circuit Court. The parties will have to wait for Alabama’s mandatory 30 days to pass before their divorce can be finalized, but because their divorce is no fault and uncontested, the judge will review and enter their agreement into the divorce decree without the parties ever having to go to court themselves. If you and your spouse are wanting a no fault or uncontested divorce, contact us today to schedule a consultation with one of our divorce attorneys in Prattville, or anywhere else in Alabama.
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!