Family Law

What is an Uncontested Divorce and Why is it so Easy

If you and your spouse have been considering a divorce, you have probably come across uncontested or no fault divorces in Jefferson County. An uncontested divorce is one where both parties are able to come to an agreement on major marital issues without the need for extensive legal advice, mediation, or court time. These issues will include matters such as child support, alimony, the division of property, and debt. If you and your spouse are able to reach an agreement on these matters prior to obtaining your divorce attorney, this will assist in speeding the process along as all your attorney will have to do is prepare and file the signed paperwork.

When seeking an uncontested divorce in Morgan County, you will typically hire a divorce attorney to type up all of the divorce documents that are required by your county. Most counties have their own local requirements, so it is important to be aware of the documents required by the county you live in. After your attorney prepares these documents and files them with the court, the assigned judge will review your documents.

With uncontested divorces, the settlement agreement is filed at the same time as the divorce. As long as the assigned judge approves your agreement, which they typically do unless you are agreeing to something that may be unfair or unlawful, they will typically enter a Final Decree of Divorce. Once this decree is ordered, both parties must wait at least sixty days before they may get re-married.

In Alabama, the fastest turnaround that is legally possible for a divorce is thirty days. This is because Alabama has a required thirty day “cooling off” period that gives both parties some time to reflect on their decision and ensure that a divorce is right for them.  Practically speaking, however, most cheap divorces would take at least that long to process through the courts so the turnaround time would be about the same either way.

It will typically take about six to ten weeks after your divorce papers are filed for your uncontested divorce to be finalized. This time may vary based on the circumstances of the particular judge that is assigned to your case, but it is usually much faster than filing a contested divorce which can sometimes take several months or even years before being finalized.  

Uncontested divorces are generally the fastest, easiest, and cheapest way to get a divorce in Alabama. If you are looking for a simple and fast divorce, give us a call today for more information.

Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, and real estate closings on this website. He is always available in any of the firm’s offices or by phone anytime for a consultation. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply any feedback. We appreciate our readers and love to hear from you!

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