Divorce can be costly, contentious and stressful for spouses and their children, but it does not need to be that way. An uncontested divorce can be obtained if you and your spouse can agree on resolving on the terms of custody, child support, alimony, division of assets and division of debts. An uncontested divorce can also lay the foundation for a friendly post-divorce relationship. A Huntsville uncontested divorce lawyer at Amy A. Slayden Family Law P.C. can help you achieve those goals.
An uncontested divorce is one in which you and your spouse agree on resolving all essential issues, such as property division, alimony and the custody and support of any children of the marriage. Once a settlement agreement is prepared and signed, the court can incorporate it into a final divorce judgment. Our Huntsville divorce law firm can help you negotiate the agreement and ensure that it will pass judicial muster.
A couple seeking an uncontested divorce must reside in Alabama at the time of filing or one of them must have resided in the state for at least six months immediately preceding the filing.
Uncontested divorces can be based on one of two no-fault grounds: that there has been an irretrievable breakdown of the marriage or that the spouses can no longer live together due to incompatibility of temperament.
We will determine if you can meet these requirements and, if you do, will help you proceed with an uncontested divorce.
A divorce complaint and summons are usually filed in the county where you were both living when you separated. In an uncontested divorce, the marital settlement agreement is filed at the same time as the complaint, along with other required documents. Pursuant to Alabama law, there is a 30-day waiting period prior to the time that a judge can sign the decree of divorce. Once that time has expired, the judge will sign the divorce judgment, incorporating the terms of the settlement agreement. There are no court proceedings and the cost is considerably less than obtaining a divorce through litigation.
The marital settlement agreement must include essential terms such as the following:
We will help you reach agreement on each of these issues and incorporate them into the marital settlement agreement.
The Huntsville firm of Amy A. Slayden Family Law P.C. helps clients in Madison, Limestone, Morgan and Marshall counties obtain uncontested divorces in Alabama. To schedule a consultation, please call 256-529-4437 or contact us online.