Do I Need an Attorney for an Uncontested Alabama Divorce?

Divorce is an expensive process. A lot of people in Alabama want to move through their divorce without having to add the expense of a divorce attorney, but is that the right choice? It depends.

As experienced Alabama divorce attorneys, we’ve seen it all. We’ve seen smooth divorce cases that have little concern. We’ve seen heavily contested divorces where both sides are entrenched and fight tooth and nail for everything they want. So, would we recommend representing yourself in an uncontested Alabama divorce?

Is Your Divorce Truly Uncontested?

The first major question is whether or not your divorce is actually uncontested. A lot of couples enter the divorce process thinking they only have one or two issues to work through so it’s smooth sailing, but that’s not always how it works out. We’ve seen couples struggle mightily to settle one or two major issues that slow the whole process and require court advisory or mediation.

It’s important to understand the breadth of issues that need to be agreed upon in order to have a truly “uncontested divorce” in Alabama. You need to agree on child custody, visitation, and support if you have children together, the division of assets (who is keeping the house? How will retirement accounts be split?), and spousal support if necessary, among other large issues. Don’t assume it’s uncontested just because you’re close to the finish line.

Can You Trust the Word of Your Soon-to-Be Former Spouse?

The other major question is whether or not the common ground you’ve found with your soon-to-be ex-spouse will last. Can you trust their word? Are you confident that any handshake agreements will hold up in court (and be supported by the law)?

We’ve seen couples walk into court thinking they have an agreement just for one or both parties to completely reverse course and shatter the previous thoughts of an uncontested Alabama divorce.

Your former partner is no longer beholden to you. They may decide it’s in their best interest to go another route in your divorce case. They also may have spoken to an attorney who convinced them that they could do better—which is a sure sign that you should do the same.

Have You Spoken to an Attorney?

Even if you’re not ready or don’t want to hire an Alabama divorce attorney, you should speak to one. Make sure that any mutual agreements you have with your spouse are actually supported by the law and giving you and your family a fair shake.

You don’t want an ugly divorce, but you also don’t want to get stripped of your rights and assets in the process. Contact John M. Totten, P.C. to talk about your Alabama divorce and make sure you’re informed to make the right decisions.

John M. Totten