Overview.
In Alabama we recognize two types of divorce:
uncontested and contested. An uncontested divorce is
one in which the parties are able to come to an
agreement regarding custody of their children and/or
marital assets and other issues. A contested divorce
is one in which the parties are unable to come to an
agreement regarding custody of children and/or
marital assets and other issues.
An uncontested divorce is often the simplest and
most cost effective way to get divorced.
If both parties can agree to a division of
the marital property, assets, and child custody then
an uncontested divorce is the best option.
An uncontested divorce a lot of times is
easier on the parties and the children as the
parties tend to be more amicable about the divorce.
In an uncontested divorce one attorney can
draft all of the paper work; however, that attorney
only represents one party.
It is unethical for an attorney to represent
both parties in a divorce.
While a second attorney is not needed it is
highly recommended that the pro se party has another
attorney review the documents.
A contested divorce can be an expensive and time
consuming endeavor as it requires a lot of time and
paper work.
A contested divorce has several steps whereas
an uncontested divorce can usually be done all at
the same time.
Some of the steps involved in a contested
divorce are: the filing of the Complaint, filing of
an Answer; service of Discovery on each party,
settlement negotiations (if possible), trial, post
trial motions and an appeal (when needed).
Most of the time counsel for each party is
employed in order to handle correspondence between
the clients and prepare for the trial process.
It is important to consider the
above-referenced factors, and the hardship that a
contested divorce can impose on all of the parties
involved especially if the parties have a child.
In Alabama the grounds for divorce are divided into
two (2) categories: fault and no fault.
A fault based divorce is a divorce that may
be granted when the required grounds are present and
at least one spouse asks that the divorce be granted
on the grounds of fault.
A no fault divorce is a divorce where the
spouse asking for a divorce does not have to prove
that the other spouse did something wrong.
Contained in
the fault and no fault divorce categories are ten
(10) grounds for divorce that Alabama recognizes and
they are as follows:
-
No-Fault Based Grounds:
-
- Irretrievable breakdown of the marriage
- Voluntary abandonment from bed and board for one year
-
-
Fault Based Grounds:
-
- Adultery
- Imprisonment
- Habitual drunkenness or drug use
- Insanity for five successive years
- In favor of the husband, when the wife was pregnant at the time of marriage, without his knowledge or agency
-
Domestic Abuse
-
Divorce can be tough regardless of whether it is
uncontested or contested.
At The Beard Law Group we understand the
emotional and financial hardship that a divorce can
cause, and we will do our best to guide you through
the process while making the transition as easy as
possible.
We can handle all of your needs and questions
whether your divorce is contested or uncontested.
If you have already received your judgment of
divorce and would like an appeal we can consult with
you about the appeals process.
