If both spouses are in agreement about all marital issues then you can get an uncontested divorce in Alabama. Getting an uncontested divorce is the easiest way to get divorced.
To start an uncontested divorce in Montgomery or wherever you reside, the first thing is for both of you to reach an agreement on all issues such as child support, visitation & custody, asset division, and marital debt division. Once you both have reached an agreement on your own, then you can pay a local divorce lawyer a low flat fee to prepare your uncontested divorce documents.
Once they are prepared, then you and your spouse just sign and execute the legal documents. The documents will include all necessary affidavits, pleadings, and other such documents. The most important document is the Settlement Agreement, which includes the agreement between the two of you. This agreement is what the judge will ultimately order both of you to follow or be found in contempt of court.
Once both of you have signed the documents, then you get them to the law firm to file. Once filed, the divorce judge will approve your agreement and sign your divorce decree with no court in most cases. Since both of you have already reached an agreement, the judge has nothing to do but enter your agreement.
As long as both of you have an agreement that is approved by the judge then it’s that easy. That is why it is important to have a local law firm draft your paperwork, so that it is all in order and gets approved with no issues. For example, some counties in Alabama require a special procedural rule whereby papers are not notarized but are signed by a witness called a Commissioner. It is an old procedure that goes back a long time and creates a few procedural difficulties if you, or your document preparer, is not familiar with it.
Other counties in Alabama may require both parents to attend an in-person parenting course. If you both do not complete it, then the judge may not enter your divorce decree. Your divorce lawyer could file a motion to waive it or allow you to take it online, but whoever you choose to handle your uncontested divorce should be aware of such things so you are not blindsided when it’s filed.
Uncontested divorces are made possible by certain procedural requirements being waived by both parties. Requirements like live testimony being given in front of a judge, discovery being performed, and other things that make a case go longer and are only necessary when there is a disagreement to be actually litigated. If you and your spouse can do all of the hard work in the beginning, then you can get an uncontested divorce in Alabama or wherever you reside that allows for such easy divorces.
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