IS UNCONTESTED DIVORCE RIGHT FOR YOU?
A divorce can be stressful for all parties involved in Alabama, resulting in many couples trying to find alternate solutions to make the proceedings as painless as possible. While the circumstances behind the break-up vary, couples who are willing to cooperate with each other on everything in the division can file for an uncontested Alabama divorce.
An uncontested divorce is when both spouses make an agreement on the distribution of assets and child custody. It can eliminate some of the tensest parts of the proceedings. However, before you and your ex consider applying for one yourselves, you need to keep in mind that this method will not work for every couple. There are several areas of your relationship that you must consider when determining if an uncontested divorce is the way to handle your break-up.
It can make the process easier for cooperative couples.
Court proceedings for contested divorces can take a long time and can charge you with many legal fees as you and your ex fight to determine child custody and asset distribution. With an uncontested divorce, you will not have to go to court as often and have less legal fees to deal with as a result. It moves the process much more quickly and allows you to move on with this new chapter in your life.
In addition, this may be important if you do want to retain a friendship with your ex. Even if you two realize you cannot be romantic partners, that does not mean you cannot be friends. If you two have a child, minimizing the conflict can also make the kid process the change easier and lessens the chances of any negative psychological effects they can obtain from the break-up.
It will not work well with complicated divorces.
Your divorce might not be solvable with just a simple agreement. If you and your ex are having a hard time figuring out the distribution of your assets, then you might have to take it to court. Complex areas such as child custody or spousal support arrangements can be difficult to figure out on your own even without the additional stress that divorce brings.
A contested divorce is the path to take if you and your ex cannot get along. You should begin preparing for court once you know that you and your ex will not be able to distribute the assets peacefully. This is especially recommended if your ex committed an action that can be classified as grounds for divorce. While Alabama is a “no fault” divorce state, it does allow for fault grounds if your ex committed acts of adultery, abuse, insanity or demonstrated an addiction to alcohol or drugs. Proving this to the court can provide you with a massive advantage in asset distribution.
Whether you choose to go with uncontested divorce or not, it is important to obtain the right legal assistance to help you with the process. You need to be prepared to make your case in both scenarios to get the best deal possible in the asset distribution process.