Baxley Maniscalco Attorneys At Law
The most common question we hear about Alabama divorce is some variation of: “Do I qualify for an uncontested divorce and how does that work?”
Uncontested divorce requires cooperation between both parties that is usually uncommon in typical divorce cases. With that being said, it's not unheard of.
Here, our divorce attorneys will guide you through everything you need to know about uncontested divorce cases in Alabama.
When Can Parties Get an Uncontested Divorce?
In an uncontested divorce, both spouses need to be in agreement on all major issues in the divorce.
What are the major issues?
- Child Custody and schedule of placement;
- Child Support;
- Alimony (if any);
- Division of marital home and other real property;
- Division of personal items;
- Payment of marital debt;
- Court costs and filing fees; and
- Name changes.
Working with a qualified Alabama divorce attorney will help you understand and identify all major issues relevant to your specific divorce case.
Where Does the Divorce Need to Be Filed?
You must meet the state’s residency requirements in order to do an uncontested divorce in the State of Alabama.
In order to meet the residency requirement, either you or your spouse must have been a resident of the State of Alabama for at least six months before filing for divorce.
If you’re filing an agreed divorce, venue won’t be an issue.
Do I Really Need an Attorney if We Agree on Everything?
In our opinion, the answer to this question is a resounding yes. Although it may be a bit more expensive upfront to use a lawyer in the uncontested divorce process, we’ve found that it saves an incredible amount of time and money in the long run.
Here are some examples of the type of problems we see when individuals try to file their own uncontested divorce paperwork:
1. Using Forms Found Online
When we go to docket calls each month, we see countless pro se (representing themselves) divorcing couples being called on by the judge to set their cases for trial.
These individuals respond with “we filed our paperwork, we don’t know why we’re here.” The answer from the judge is invariable, “you’re here because you’ve filed your paperwork incorrectly. I can’t give you legal advice on how to fix it. I’m setting your case for trial. You’ll need to talk with an attorney before the date of trial or your case will be dismissed.”
These individuals then have to rush off and hire an attorney at the last minute to try to locate and correct the problems with their paperwork.
As you can guess, finding an attorney on short notice to address an emergency isn’t cheap or easy and causes a lot of stress for the parties.
If they cannot find an attorney in time and their case gets dismissed, they lose their filing fee and have to pay it again when they refile a second time.
2. Missing or Misstating Crucial Information in the Decree
Even if there is nothing wrong with the forms filed, we’ve seen a lot of uncontested divorces done poorly when it comes to addressing important marital issues.
Here are some examples:
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Marital home: We’ve seen individuals try to award the home to one spouse but forget to include language about preparing a deed within a specific timeframe or refinancing the mortgage on the home within a set period of time. We’ve had many people come to us years later and say, “I had no idea this was still in my name. She hasn’t made the payments, and now my credit is ruined.” Or, “he knows the house was awarded to me, but he refuses to sign the deed. Now I can’t sell the home.”
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Marital debt: Much like the situation with the home, people forget to address a certain credit card or the payment on an ATV, and it ends up ruining their credit. Or, the other party has hidden debt that one person didn’t know about, and they didn’t include the correct language to protect themselves from the surprise creditors.
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Alimony: Most laypeople don’t understand the different types of alimony and how that affects things moving forward. Some types of alimony are dischargeable in bankruptcy, while others are not. We’ve seen people who thought they were receiving a fair marital settlement end up with the short end of the stick because the other party ran out and filed bankruptcy, thereby discharging their obligations to make payments to the former spouse.
Issues involving children are also common. There are a lot of ticky tacky issues that come up when two people will be raising children together for more than a decade. Things like: who gets to choose what school the child will attend, who makes medical decisions, who gets to choose a counselor for the minor child?
How Baxley Maniscalco Can Help
We’ve been doing this a long time, and we know the process inside and out. Our uncontested divorce attorneys can help you cover all the bases and make sure you get a final decree that protects you and addresses all the major issues that may arise in the future.
How Much Does an Uncontested Divorce Cost?
We charge a single flat fee for uncontested divorces in Alabama. We understand what our judges are looking for and we make sure your paperwork passes muster and won’t lead to you being required to attend a surprise court hearing.
Our attorneys meet with you and answer any questions you have, and walk you through our uncontested divorce questionnaire to make sure we don’t miss anything that needs to be addressed in your situation.
How Long Does It take?
After the meeting, we prepare your paperwork and make any needed changes or edits in consultation with you. Once the paperwork is finalized, we notify you and your spouse that it is ready to be signed and executed.
We have notaries on staff, so that you can sign in our office without incurring any additional expense. With your prompt responsiveness and cooperation, we can often have uncontested divorces filed and signed by the judge within two weeks of our initial meeting.
After that, you’ll need to wait thirty days from the date of the judge’s signature for your divorce decree to become final and sixty days before you can remarry.