A divorce that is uncontested means that the parties have come to agreements regarding all aspects of the union’s dissolution, such as the division of assets, child custody and support arrangements, and alimony. An uncontested divorce is often thought to be a simpler and quicker divorce, where the parties do not agree on every point and must appear in court to have their differences settled by a judge.
Although it differs from state to state, the procedure for getting an uncontested divorce largely consists of the same steps. One side must file a petition for divorce with the court as the first step in getting a cheap Alabama divorce. The opposite party must be served with the petition before they have a set amount of time to reply. The other party may sign and submit a form known as a “consent” or “waiver” to the court if they concur with the divorce and all of the conditions stated in the petition.
After both parties have concurred on the terms of the divorce, the parties may then proceed to negotiate and settle any unresolved differences through mediation, negotiations, or other forms of alternative dispute resolution. It is critical that the parties engage in open and honest communication with one another and attempt to reach a conclusion that is just and reasonable for all parties.
If the parties are able to reach an agreement on all issues, they can submit a written settlement agreement to the court. The settlement agreement should set forth all the terms of the divorce, including how the parties will divide their property, how they will handle child custody and support, and whether one party will pay alimony to the other. The settlement agreement should be carefully reviewed by both parties and their attorneys to ensure that it is fair and accurate.
The parties can proceed to the final hearing when the settlement agreement has been signed and filed with the court. The parties or their Birmingham divorce attorneys will deliver the settlement agreement to the court at the final hearing, who will assess it to ensure that it is fair and legally binding. If the judge approves the settlement agreement, they will issue a final divorce decree, thus ending the marriage.
In some cases, an uncontested divorce may be finalized without the need for a final hearing. This is known as a default divorce, and it occurs when the other party fails to respond to the petition or appear at the final hearing.
Overall, an uncontested divorce can be relatively easy if the parties are able to agree on all issues and are willing to work together to resolve their differences. However, it is important for the parties to seek the advice of an experienced family law attorney to ensure that their rights are protected and that the process is handled properly.
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!