In Alabama, an uncontested divorce in Alabama is also known as a “no-fault” divorce, which means that both spouses agree to the terms of the divorce, such as property division, child custody, and support. An uncontested divorce is a simplified version of a divorce in which the parties reach an out-of-court settlement regarding all aspects of the divorce including child custody, property division, alimony, child support, liability for debts, and the like. Getting an easy online divorce without going to court is possible, but it requires following certain procedures.
Here are some steps you can take to get an uncontested divorce in Alabama without going to court:
Residency requirements: You or your spouse must be a resident of Alabama for at least 6 months before you can file for divorce.
Draft a Marital Settlement Agreement: The next step is to draft a marital settlement agreement, which is a legal document that outlines the terms of the divorce, including the division of property and debts, spousal support, and child custody and support. Both spouses must agree on the terms of the agreement before proceeding.
File for Divorce: The spouse who is filing for divorce must file a complaint with the Circuit Court in the county where they or their spouse reside. The complaint should include a copy of the marital settlement agreement and any other required documents.
Serve Your Spouse: Once the complaint has been filed, the filing spouse must serve the other spouse with a copy of the complaint and other required documents. The other spouse then has 30 days to respond. If they do not respond within this timeframe, then the court may grant you a default judgment without their input or consent.
Wait for the Court to Grant the Divorce: According to Alabama law, you must wait at least 30 days after filing for an easy divorce before the judge will sign off on your final decree of dissolution of marriage. During this time period, either party may withdraw from the proceedings if they change their mind about getting divorced or disagree with any part of the settlement agreement. If the other spouse does not respond or contest the divorce, the court may grant the divorce without a hearing. However, if the divorce is contested, a hearing may be necessary.
Finalize Your Divorce: Once 30 days have passed since filing for an uncontested divorce in Alabama and no objections have been raised by either party, then the judge will sign off on your final decree of dissolution of marriage and your divorce will be finalized.
It’s important to note that even though you do not have to go to court for an uncontested divorce, you may still need the assistance of a Montgomery divorce lawyer to draft the marital settlement agreement and ensure that all necessary documents are filed correctly. Additionally, if you have children, you may need to attend a parenting class as part of the divorce process.
Going through a divorce can be incredibly stressful and emotionally draining but it doesn’t have to be if both parties are willing to come together and work out their differences outside of court through an uncontested divorce process in Alabama. With careful planning and preparation beforehand, couples can get divorced without having to go through lengthy court proceedings or expensive legal fees associated with contested divorces.
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!