Family Law

Can We Agree to Anything We Want in our AL Uncontested Divorce

Can we agree to anything we want in an uncontested divorce? In Alabama there are two types of divorces, contested and uncontested. An uncontested divorce is where the couple comes to some form of an agreement regarding their marriage. The first thing that they must agree on is to get a divorce in the first place. If both spouses are not willing to get a divorce, then the divorce will be contested.  Uncontested divorces in Jefferson County are generally much cheaper and quicker than a traditional contested divorce. This is largely due to the fact that there is no need for a trial in an uncontested divorce. 

In an uncontested divorce, generally both spouses have worked together to reach some sort of agreement which helps the divorce process to move along much quicker. In fact, many uncontested divorces can be done online, meaning that there is no need to meet an attorney in person in an office. Uncontested divorces are made up of mostly paperwork, which is why it is a great way to get a quick and easy divorce in Alabama.

The next most important thing that you and your spouse must agree on in an uncontested divorce is how you are going to divide your assets. This refers to every single asset that is marital property. This is often the most difficult part of an online divorce because it is hard to always divide everything evenly. Generally one of the most valuable marital assets that a couple will have to decide on is their home. This can often be hard because the couple will have to either decide to sell the house and split the profits or to decide to let one spouse have the house. 

In the event of an uncontested divorce, the spouses will also have to come to an agreement on how the debt will be dispersed. There are a wide range of debts that will need to be split upon the marital dissolution such as: credit card debt, remaining balances on cars, and medical debt. The couple will also need to decide how to divide the remaining debt on the mortgage if there is one. One spouse may offer to buy the other spouse out of the mortgage in order to keep the marital home. Another option is to sell the house at a fair market value and then split the profit.  Generally both spouses will be responsible for joint credit card debt if it is apparent that both spouses contribute fairly equally to the debt. A spouse may also be held responsible for debt on a credit card in which they cosigned.

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!

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