If you enter into the divorce process with the mindset that there must be a long, drawn-out battle, then you might be writing your own future. The fact is that divorce can gravitate towards being uncontested.
Many people who have been through highly contested divorces ultimately become more flexible and willing to talk through issues after everything has been finalized and emotions have settled. Will every couple be open to rational negotiation? No, but that doesn’t mean that you shouldn’t attempt to have an uncontested divorce.
Uncontested Explained
Divorce comes down to the dissolution of marriage and successfully coming to terms regarding how to adequately divide assets, debts, and child custody. A divorce becomes uncontested when couples are in agreement as to how that is going to happen.
The benefits of being able to write your own terms are significant. It isn’t unreasonable for couples to wait 7 to 8 months before getting the chance to go in front of a judge. Consider some of the indirect consequences of this. During that time, you will likely not be able to buy a new home. In all likelihood, you will still be carrying the mortgage on a home that you may or may not be living in.
The longer it takes to get a firm child custody agreement, the more likely you will have disputes. Rather than finding a new routine and building a new life, your focus (and money) will be tied to your divorce process.
Uncontested Divorce In Alabama
If you and your former spouse are willing to put in the work of negotiation, you should know what you are aiming for. In Alabama, to have an uncontested divorce, you and your former spouse must agree on all the settlement issues—and you must be willing to commit your signature to them. Child support will be based on several factors, but the amount you are told to pay will be based on Alabama law. In other words, the total isn’t negotiable. Another critical factor is that at least one of you needs to have been a resident of Alabama for a minimum of 6 months before filing for the divorce.
John M. Totten, P.C.
If you have any further questions regarding contested or uncontested divorces, contact John M. Totten, P.C. for a consultation. Even though a contested divorce can be more efficient, you still need trusted legal counsel to negotiate and advise you throughout the process. We will be by your side until your issues are resolved.
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