UNCONTESTED DIVORCE
In an Uncontested Divorce, one spouse (the "Plaintiff") files for divorce on "no fault" grounds, and the other spouse opts not to contest the terms of the divorce. This requires that the parties are in agreement on all the major issues involved. In most cases, neither party will have to appear in court. My office offers affordable uncontested divorces with personal attorney attention.
Do My Spouse and I Qualify for an Uncontested Divorce? Generally, you must meet the following criteria to file for an uncontested divorce in Alabama:
- IF your spouse is NOT a resident of Alabama, YOU must have been a resident of Alabama for at least six months before filing. This requirement does not apply if your spouse is a resident of Alabama.
- You must be able to locate your spouse, and he or she must agree to all terms and sign your divorce paperwork in front of a notary.
- The state of Alabama does NOT require that you physically separate before filing for divorce, and many clients remain in the same household during and sometimes even after a divorce.
- You must be able to settle all issues arising out of your divorce including child custody and all property and debt division. Remember that child support is generally calculated using a formula and is not necessarily subject to negotiation.
I offer free telephone consultations regarding uncontested divorce, so please send an email to schedule a phone appointment and I'd be happy to help you determine if you're a good candidate. It's very common for parties to successfully complete an uncontested divorce, even if they're not entirely sure of the issues that must be resolved at first. If you feel like you and your spouse will not able to agree on the major issues without a lot of help, divorce mediation may be a better option to help you get started.
How Much Will it Cost? Uncontested is usually the least expensive and fastest way to divorce. I generally charge an affordable flat rate for simple uncontested divorces. There is no extra charge if children are involved, but there may be an additional fee if you need paperwork for transferring funds from a retirement account. My fee is due up front, before I start preparing your paperwork, and the filing fee will due when all papers are signed by both spouses and ready to file. Please email for specific rates.
What Can I Expect? Once you and your spouse have determined that you want an uncontested divorce, you should decide who will file the divorce as the Plaintiff. The Plaintiff is the party that I will represent and the only person I will be communicating with. Your spouse is not required to hire a second attorney, although it is always in the best interests of the non-filing spouse to hire a separate attorney to review any agreement before signing. I cannot give legal advice to the other spouse, and if I am representing you as an individual attorney your spouse should not attend our meetings or phone conferences (although you may choose to freely share everything we discuss with them).
The spouse who expects to file as the plaintiff should email me to schedule a phone appointment so we can discuss your situation and start moving forward. If you'd like to get a head-start on the paperwork you can download and print my Uncontested Divorce Client Information Sheet attached below to get a good idea of the information I will need.
After I’ve consulted with my client and gathered all necessary information, I will prepare your paperwork and allow you and your spouse (and your spouse’s attorney, if any) to review it. After all paperwork is signed, I will file your divorce in Mobile County. In most cases, neither party will be required to appear in court.
- IF your spouse is NOT a resident of Alabama, YOU must have been a resident of Alabama for at least six months before filing. This requirement does not apply if your spouse is a resident of Alabama.
- You must be able to locate your spouse, and he or she must agree to all terms and sign your divorce paperwork in front of a notary.
- The state of Alabama does NOT require that you physically separate before filing for divorce, and many clients remain in the same household during and sometimes even after a divorce.
- You must be able to settle all issues arising out of your divorce including child custody and all property and debt division. Remember that child support is generally calculated using a formula and is not necessarily subject to negotiation.
I offer free telephone consultations regarding uncontested divorce, so please send an email to schedule a phone appointment and I'd be happy to help you determine if you're a good candidate. It's very common for parties to successfully complete an uncontested divorce, even if they're not entirely sure of the issues that must be resolved at first. If you feel like you and your spouse will not able to agree on the major issues without a lot of help, divorce mediation may be a better option to help you get started.
How Much Will it Cost? Uncontested is usually the least expensive and fastest way to divorce. I generally charge an affordable flat rate for simple uncontested divorces. There is no extra charge if children are involved, but there may be an additional fee if you need paperwork for transferring funds from a retirement account. My fee is due up front, before I start preparing your paperwork, and the filing fee will due when all papers are signed by both spouses and ready to file. Please email for specific rates.
What Can I Expect? Once you and your spouse have determined that you want an uncontested divorce, you should decide who will file the divorce as the Plaintiff. The Plaintiff is the party that I will represent and the only person I will be communicating with. Your spouse is not required to hire a second attorney, although it is always in the best interests of the non-filing spouse to hire a separate attorney to review any agreement before signing. I cannot give legal advice to the other spouse, and if I am representing you as an individual attorney your spouse should not attend our meetings or phone conferences (although you may choose to freely share everything we discuss with them).
The spouse who expects to file as the plaintiff should email me to schedule a phone appointment so we can discuss your situation and start moving forward. If you'd like to get a head-start on the paperwork you can download and print my Uncontested Divorce Client Information Sheet attached below to get a good idea of the information I will need.
After I’ve consulted with my client and gathered all necessary information, I will prepare your paperwork and allow you and your spouse (and your spouse’s attorney, if any) to review it. After all paperwork is signed, I will file your divorce in Mobile County. In most cases, neither party will be required to appear in court.
Uncontested Divorce Information Sheet for parties with kids:
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Uncontested Divorce Information Sheet for parties without minor children:
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No representation is made that the quality of services to be performed is greater than the quality of legal services performed by other lawyers. ©2010 by Jennifer McDonald. All rights reserved. Materials found at this website may be reproduced for personal use and non-commercial distribution. Copies must include this copyright statement. The information found on this website is not intended as legal advice. Consult with a qualified attorney for advice specific to your individual circumstances.
