What is an uncontested divorce

What is an uncontested divorce

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.

What is Mediation?

What is Mediation?

What is Mediation?

Mediation is a method of alternative dispute resolution where a third party neutral, typically a lawyer, facilitates a settlement agreement in your case.

  • Mediation is confidential and mediators are impartial.
  • The mediator does not “decide” or “rule” on the outcome; the mediator’s role is assisting in identifying issues, facilitating communication, focusing interests, exploring alternatives, and helping the disputing parties reach a mutually acceptable resolution.
  • Mediation is about self-determination — you get to decide the outcome of your case.
  • Mediation is an option in any civil case but is especially useful in the family law context due to the interests of privacy, flexibility and creativity in finding an arrangement that works for your family, and avoiding the slings and arrows of the courtroom.

Learn more about mediation here.

Alison Baxter Herlihy is now a Registered Mediator

Alison Baxter Herlihy is now a Registered Mediator

Alison Baxter Herlihy is now a registered mediator. She recently completed a forty hour training on Domestic and Family Mediation and is now a Registered Domestic Relations Mediator on the State Court Mediator Roster maintained by the Alabama Center for Dispute Resolution.

The Alabama Supreme Court currently has a grant program and is working in conjunction with the Alabama Center for Dispute Resolution to pay for the services of a registered mediator in cases involving minor children where the total family income is less than $85,000.00 per year. At this time, Alison is the only registered domestic relations mediator in Mobile County, Alabama.

Alison is very much looking forward to wrapping up her first ten years of law practice and adding the service of mediation as decade number two commences. Resolution of complex changes beings here!

Please take a look at Alison’s profile with the Alabama Center for Dispute Resolution for more information. Here is a link to their site:

http://alabamaadr.org/web/roster-mediators/index.php?ID=1689&action=Profile