It is never easy for two spouses to conclude that they want to get a divorce. If you’re married and even if you’ve had your differences for a while, ending your marriage is still a highly emotional situation. However, agreeing about your split can make things easier as you can get an uncontested divorce.
Having a family law and divorce attorney on your side can make the process considerably easier. They can guide you through every step, help you negotiate, and ensure that you receive a good deal.
What Are the Divorce Laws in Alabama?
Alabama is a no-fault divorce state. As a result, a person who seeks a divorce from their spouse does not have to cite specific grounds for ending the marriage. No-fault grounds for divorce such as “incompatibility of temperament” can be used, plus for those wondering, can you get a divorce without an attorney? yes you can, in this state as well.
There are two types of divorces in the state: contested and uncontested. In a contested divorce, the spouses disagree about getting a divorce. They can also disagree on many of the matters involved in the split, such as alimony, child support, custody, and visitation. A contested divorce always ends up with the couple going to court to resolve things.
In an uncontested divorce, the spouses are on the same page and agree to end the marriage. Sometimes, they might have a dispute about matters related to the divorce, but both parties are open to negotiating and coming to a solution.
Being open to negotiating the crucial issues within the marriage during a divorce makes things much easier. The spouses have alternative options for getting the divorce, such as collaborative divorce or divorce mediation.
Both options allow them to work together and settle issues together as a team. This makes things better for both them and their children – if they have any. Divorces outside of a traditional court setting can be settled much faster.
What Issues Can You Settle in an Uncontested Divorce?
Even though your divorce is uncontested, it’s wise to hire experienced Huntsville divorce attorneys to represent you during the proceedings. Your divorce lawyer will ensure that your rights are protected and can help you settle issues such as the following:
- Division of marital assets and property: this can include everything from money, vehicles, retirement accounts, and even your home.
- Division of marital debt: determining if one spouse is responsible for certain debt while the other is waived from responsibility.
- Paying alimony: which spouse has to pay, how much, and for how long.
- Custody issues if there are minor children involved: where the children will live, visitation matters, and whether both or one parent will make decisions affecting them.
- Determining child support: who will pay it, how much, and for how long.
Mediation
Your attorney can help you regardless of how you get your divorce. If you believe mediation is the best option, you can have your lawyer represent you while your spouse has their own attorney.
You will all meet with a neutral mediator who will help you and your spouse negotiate and agree on any matters of dispute. Mediation is a good option for couples who mostly agree on everything.
Collaborative Divorce
Collaborative divorce is another way to end your marriage through negotiation. It’s similar to mediation, but you and your ex have to agree on it. If you do, you each hire an attorney and meet with them separately to discuss matters of concern. You can look here to contact an experienced divorce attorney.
A third-party professional could be brought in as well depending on the areas of concern. For example, if you and your spouse disagree on custody, you can have a child specialist involved.
Arbitration
Arbitration is another option for an uncontested divorce. It gives you and your spouse a chance to state your concerns. Afterward, the arbitrator will decide based on what they’ve heard.
What Are the Requirements for Getting an Uncontested Divorce?
Couples who live in Huntsville and the rest of Alabama who wish to get an uncontested divorce can file as long as they do so with certain prerequisites in place. Both spouses must have lived in the state for at least six months before filing. It’s also necessary that at least one party lives there when they file for divorce.
Final Thoughts
If you and your spouse agree on an uncontested divorce, contact a family law attorney at your earliest convenience. Having a legal expert on your side can help ensure that your rights are protected during the divorce proceedings.
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