Divorce is something that no married couple ever plans on going through, but is something that unfortunately many married couples end up facing. It’s the end of a very important relationship, so it’s an emotional ordeal, but at its core, divorce is also an intricate legal process. There are many legal steps you have to take to officially split from your spouse, mostly along one of two main paths to divorce: contested and uncontested.
Last month we discussed the complicated nature of contested divorce and how it can involve lengthy court battles, hefty legal fees, and significant emotional stress. We also discussed how to protect your rights if you are navigating a contested divorce and secure a more favorable outcome when it comes to alimony.
This month we are going to discuss uncontested divorce, including the steps, pros, and cons, so that you can understand what is involved in each divorce option and make an informed decision on which of these options is right for you. Let’s get started!
What Is Uncontested Divorce, And What Are The Steps Involved?
Contrary to contested divorce, uncontested divorce is often a simpler route to divorce, as it takes place when a couple is in agreement on all divorce-related issues. Rather than going to trial, where a judge has all the final say, in an uncontested divorce situation, the couple holds the power in their hands. Uncontested divorce not only offers couples the chance to work amicably and collaboratively with one another, but it fosters an environment where both parties get more of a say in the outcome. This can be beneficial to your relationship post-divorce, which can be especially beneficial if you share children together, as it makes it easier to maintain a cooperative co-parenting dynamic.
Steps
The steps you will need to take to have an uncontested divorce depending on the jurisdiction in your area. In Alabama, the steps for a contested divorce are as follows:
- Eligibility and residency requirements – In order to file for an uncontested divorce in Alabama, you must first meet what’s called a residency requirement. According to Alabama Code § 30-2-5 (2022), you and your spouse must both live in the state of Alabama.
- Agreeance on divorce matters – In order for an uncontested divorce to work, you and your spouse must be in agreement on how your marital assets and debts will be divided, how alimony will be awarded, and how child custody/support will work if you share children.
- Filing for divorce – When you file for divorce, you have to provide a legal reason or ground for why your marriage is ending. There are several fault-based grounds in Alabama for things like marital misconduct; however, in an uncontested divorce, you and your spouse have to agree on one of two no-fault reasons for divorce. These reasons are that you and your spouse can’t live together because you’re completely incompatible, or there’s been an “irretrievable breakdown” of your marriage, and any attempts for reconciliation would be impractical or not in the best interest of your family.
- Service of papers – Whichever spouse files needs to serve the other with the divorce papers. In an uncontested divorce this is usually a simple process.
- Waiting period – 30 days must pass before the court can issue a final court order.
- Finalize the divorce – If all paperwork has been properly filed and there are no issues, the court can grant the divorce after the waiting period.
If you read last month’s blog, you can understand comparatively how much simpler these steps are than that of a contested divorce.
Pros Of Uncontested Divorce
There are numerous benefits that an uncontested divorce offers for couples who want to avoid a battle. These advantages include, but are not limited to, the following:
- The process takes far less time than a contested divorce does. In fact, if you and your spouse agree on the terms of your divorce, you can complete the divorce process in a month, compared to several months or even a year in a contested divorce.
- When a divorce is contentious, emotions run high and so do the legal expenses. The cost of uncontested divorce is significantly less than contested divorces as you’re spending less time arguing in court and cutting straight to a settlement arrangement.
- Reduced conflict. This is perhaps one of the greatest benefits of an uncontested divorce, as the transition itself is hard enough. Avoiding the contentious route will create less stress and allow you the opportunity to work on beginning a new chapter of life.
- More privacy. When no one contests a divorce, less information goes into public record, offering you (and your children) more privacy and peace of mind during your divorce.
- And more!
Cons Of Uncontested Divorce
While uncontested divorce might seem like the ideal solution to your issues, it’s important to remember that there are also cons to choosing this method of divorce. Some of the disadvantages may include, but are not limited to, the following:
- More compromises. In order to keep the peace, you may have agreed to an uncontested divorce. However, you might find that to make the process work, you have to give up things that are important to you or meet the other party halfway more frequently, rather than disputing the issue in court.
- Spousal support might not amount to what you thought. Whether you are the financially independent or dependent spouse, if you make decisions quickly with the goal of keeping the peace, you may end up making a hasty agreement without thinking everything through that can rob you of a fair chance to receive or owe the amount that truly makes sense for your situation.
- The focus on reaching a “quick agreement” might blur your focus from the right agreement, particularly when it comes to custody. You may also have difficulty getting your children’s other parents to adhere to an agreement created in an uncontested divorce, and this is especially true if there was little or no attorney involvement.
How Word Family Law Group Can Help
If you are considering your options for divorce and think that an uncontested divorce sounds right for you, our skilled divorce lawyer Christopher P. Word has 15+ years of experience advocating for his clients’ best interests in these situations. We understand how overwhelming divorce can be – allow us to simplify the process for you! At our firm, we are passionate about helping individuals and families reach their ideal resolution. Call now to request a consultation.
