To your great surprise and relief, you have discovered that separating from your spouse is much easier than trying to patch things up and stay married. Every holiday with either spouse’s side of the family, every child’s birthday party, and even every date night was a battle. You dreaded telling your spouse that you wanted a divorce because you were worried that the conflict was only going to get worse. It turns out, though, that even though you and your spouse could never agree about expenses, party decorations, screen time rules, or anything else, you both agree that you want to get out of your unhappy marriage. Now that you are separated, it seems like the rest is just details. Your spouse is fine with you keeping the house, and with the kids spending weeknights with you. You are fine with reentering the workforce and refinancing the mortgage, even though sky high interest rates make the new monthly payments unaffordable; your parents have generously agreed to co-sign on the new mortgage. Right now, you feel like you could agree to everything; you even suspect that it would be easier just to file your divorce paperwork now, that hiring a lawyer would only make things more complicated. In theory, do-it-yourself divorce is available to almost all couples in Alabama, but that does not mean that everyone should do it. Before you take that step, contact a Birmingham divorce lawyer.
Almost Anyone Can Get an Uncontested Divorce in Alabama, but Not Everyone Should
The usual kind of divorce is called contested divorce; it happens when the parties disagree about at least one issue related to property division or parenting time. To get a contested divorce, one spouse files a divorce petition, and the other files a response; the petition and the response list each party’s respective requests. After receiving the petition and response, the court orders the parties to attend mediation. If they cannot reach an agreement about property division or parenting time in mediation, the case goes to trial.
In an uncontested divorce, the parties jointly file one petition, and they attach their already completed property settlement. Most couples who file for uncontested divorce do not have children together, but it is possible to get an uncontested divorce even if you do; you must file an already completed parenting plan in addition to the other documents. The only legal requirements for uncontested divorce are that both parties must reside in Alabama for at least six months before filing, and the wife must not be pregnant at the time of filing.
Sure, uncontested divorce is quick and cheap, but it is usually unadvisable. There is plenty of room for conflict-prone loopholes in a do-it-yourself property settlement agreement and parenting plan. If you and your spouse have nothing in common except that you are both impatient cheapskates, at least have a lawyer review your paperwork before you file it.
Contact Peeples Law About Uncontested Divorce
A Birmingham family law attorney can help you come to your senses if you are determined to get an uncontested divorce. Contact Peeples Law today to schedule a consultation.
