An uncontested divorce is one in which both parties agree that the marriage is to end and have agreed upon all issues in the divorce, including but not limited to property division, child custody, visitation, spousal support, financial issues, etc. While not all divorces can be disposed of on an uncontested basis, I find that the problems associated with a failed marriage are only compounded by a contentious divorce. This is especially true when minor children are involved.
By reaching an agreement on the front end, the parties control many of the risks associated with having a judge decide the future and avoid the ill-will that is generated through contentious divorce proceeding. In addition, an uncontested divorce will usually save both parties thousands of dollars in attorneys fees as well as avoid the time, stress and risks associated with any litigation.
ALABAMA UNCONTESTED DIVORCE
- When filing for divorce in the state of Alabama, one party must be a resident of the state for at least 6 months.
- physically and incurably incapacitated at time of marriage;
- voluntary abandonment for one year;
- imprisonment in penitentiary – sentence for 7 years after 2 years is served;
- commit crime against nature;
- addicted to alcohol or drugs;
- confined in mental hospital for 5 years and declared incurably insane;
- irretrievable breakdown of marriage;
- when wife is pregnant at the marriage without the husband’s knowledge or agency;
- actual violence or reasonable apprehension of actual violence
- two years separation without support.
- Custody is determined according to the best interests of the child.
- Absent special circumstances, the Alabama child support guidelines apply in virtually every case. Both parties gross income and other child related expenses are taken into consideration in the child support calculation.