What is an uncontested divorce

People are often unsure of how the whole divorce process works in Mobile, Alabama. The term “uncontested divorce” refers to a divorce where the parties do not go to court, and the divorce is submitted solely on the written agreement of the parties.

If you retain Herlihy Family Law and one of our divorce attorneys in Mobile, Alabama for an “uncontested divorce,” it will be drafted and sent to you for review. Once you approve in final form, it will be sent to your spouse for their signature. Nothing is filed with the Court until the agreement is complete and signed by both parties, and the Defendant will not be formally served with anything.

This means that you and your spouse must be able to agree on 100% of the terms of your divorce, including custody and visitation, child support, the marital homeplace, and disposition of other assets and debts.

If you and your spouse do not agree on these major issues, then an uncontested divorce is probably not for you. I have certainly had clients over the years tell me, “we agree on everything except custody of the children.” Well, child custody is a major issue!

An uncontested divorce also does not afford the opportunity to conduct discovery, so if you don’t know anything about the family finances, then an uncontested divorce is probably not right for you. That being said, a case can start out as contested, and then eventually settle once both parties have the chance to get the information they need.

In sum, unless you and your spouse have open lines of communication, and you have discussed the divorce with them and are fairly certain you can agree, then it may not be wise to invest your valuable time and legal expenses on an uncontested divorce.

If you and your spouse have discussed and agreed on the terms, and you feel you have enough information to make an intelligent decision, then an uncontested divorce may be the route for you, as it is typically the quickest and least expensive way to get divorced.