If you are considering divorce, an uncontested divorce is typically the fastest, easiest and most financially affordable option. However, even with an uncontested divorce, there are numerous documents that must be drafted precisely and filed with the court in accordance with their rules and requirements. In Alabama, there are no statewide uniform divorce filing requirements or forms and these things can vary from county to county. By allowing us to assist you with this process, you will be certain that all of the necessary documents are filed correctly and all of the requirements met. This means your divorce will proceed as quickly as possible and without any unnecessary delays.
An uncontested divorce is a divorce where you and your spouse have agreed to get a divorce and have also agreed on all of the issues related to your divorce. This means that not only are you both in agreement to about getting a divorce, you have also reached an agreement on how your property will be divided, who will be responsible for paying debts such as credit cards, child custody, child support, division of retirement benefits and any other issues relevant to you and your spouse. Even when uncontested, a divorce is never easy on a couple or family. However, our goal is to save you time, money and from as much of the unnecessary and unwanted stress as is possible as you go through this process. We only assist couples with uncontested divorces who are in agreement on all issues related to their divorce including child custody, visitation, child support, alimony, and the division of assets/debts.
To get a divorce in Alabama, you must have lived in Alabama for at least six (6) months or your spouse must be a resident of Alabama. Alabama no longer requires you to establish fault to get a divorce. A "no-fault" divorce only requires you to prove that you and your spouse can no longer get along with one another or that the marriage is broken beyond repair. Typically, "Irretrievable Breakdown" is used as the reason for the divorce in the uncontested divorce cases we file.
In Alabama, a non-custodial parent is ordinarily required to pay child support. The amount of support to be paid is calculated by a formula that accounts for the total income of both parents, as well as healthcare and daycare costs. Some Alabama counties require both parents to attend a parenting course before a divorce decree will be issued when there are minor children of the marriage. In addition, each county or judge may have issued their own "standard visitation schedule." You do not have to use the terms of this schedule exactly, but it can be used as a guide when developing your own visitation schedule and should be viewed as a minimum amount of time the non-custodial parent will have with the minor children.
If you and your spouse are interested in filing an uncontested divorce, you need to know that an attorney cannot represent both parties in a divorce, even when you are in agreement on all issues. Since we can only represent one spouse in a divorce, the first decision you will need to make is which spouse will be our client. The spouse that we will potentially be representing should contact us to get the process started. We will email you a "New Client Information Sheet" that you can conveniently complete on your smartphone or computer. By completing this form, you will provide us with all of the information we need to draft your divorce documents. After reviewing your completed form and confirming we can provide you with representation, we will then email you a fee agreement that you can sign electronically from your smartphone or computer. We will also provide you with a link to a secure, online payment processor where you can submit your payment using a credit or debit card (We accept Visa, MasterCard and Discover). Our fee does NOT include the filing fee that the court will assess when the case is filed. Once we receive your payment and signed fee agreement, we will then proceed with drafting your divorce documents.
If you need assistance with an uncontested divorce situation, please contact us today to schedule an appointment for a free consultation.
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