When it comes to divorce, there are two basic kinds: contested and uncontested. In the former, the parties seeking to dissolve their marriage fight over who gets what in court. In an uncontested divorce, the parties still have to go to court, but there is no fighting involved. Rather, in an uncontested divorce, the parties simply ask the court to approve the divorce agreement they have come to on their own.
Typically, while courts will ensure that uncontested divorces meet minimum state requirements and that the parties are aware of and agree to the terms they set forth, that might be all the courts do. As such, divorcing parties trying to utilize the uncontested process may want to consider the following legal tips.
Here are some suggestions for a successful uncontested divorce in Alabama:
- Hire an experienced divorce attorney: Even when there may not seem to be anything to fight over, hiring your own lawyer to represent your interests is highly recommended. Apart from looking over, or potentially even drafting, the divorce agreement, your own attorney will be able to advise you about specific concerns that you may have never even considered.
- Keep emotions in check: Approach issues in an uncontested divorce the same way you would issues in the business world. Know what is reasonable, what is not, and try to keep your emotions in check. Sure, there are emotions at play and some very emotional times. But, get over it and get down to business. Condition yourself now to mind your emotions and you will be grateful later for taking the high road through your divorce.
- Communicate effectively: This tip is easier said than done, especially when you worked so hard to build a life with someone that is now ending.As you reflect and make decisions, actively communicate your thoughts with your soon-to-be ex-partner. If the two of you can agree on things beforehand, it’ll make the divorce proceed smoothly and quickly. In return, listen to what your ex tells you about their priorities. The more you and your partner can figure out by yourselves, the less has to be dealt with in court.
- Get the agreement in writing: While you may have come to the decision to divorce amicably, that doesn’t mean your spouse will have perfectly pure intentions throughout your divorce proceedings. If your spouse makes you any promises or agrees to any terms verbally, don’t take that statement as legally binding; get everything in writing. Have it put in writing in front of both of your attorneys so that it will be in your formal divorce agreement. This is not an issue of trust; it’s a legal issue, and it should be handled as such. Once an agreement has been reached between both parties it should be put into writing and submitted along with other necessary paperwork when filing for divorce.
- Put grudges aside: You’ve both agreed you want a divorce and that you want to do so as quickly and easily as possible. Now is not the time to try and settle a score or punish your spouse.
By following these tips for a successful uncontested divorce in Alabama you can ensure that your case moves forward quickly and efficiently while avoiding costly delays or complications down the road. If you are considering an easy uncontested divorce, it’s important to seek legal advice to ensure that your rights are protected and that the agreement is fair and reasonable.