There are two types of divorce- contested and uncontested. When the spouse agrees to all the matters or related terms like property, child custody, alimony, etc., it is an uncontested divorce. When one or both spouses do not agree to the terms related to divorce, it goes under uncontested divorce. The divorce lawyer Huntsville will help you evaluate the terms and determine the best possible outcome from the divorce.
In a contested divorce, the court decides on the terms disagreed by either of the spouses. Hence it takes a longer time to resolve.
Where to file for a divorce?
You have to submit your divorce petition to the correct circuit court.
The spouse must file a divorce in either the county where the couple lived when they separated, a county where the defendant lives(if both lives in Alabama), or the plaintiff spouse ( if the defendant lives out of Alabama).
Filing uncontested divorce
If the divorce is uncontested, both the spouses must agree to the divorce terms, resolve any issues and submit a marital settlement agreement to the court.
-In addition to the marital settlement agreement, a few other forms are required as mentioned below.
-Plaintiff testimony affidavit with a notary
-Certificate of divorce
-A final judgement letter of divorce
If there is a minor child or children from the marriage, additional forms might be required, which you can check with the court clerk.
Filing a contested divorce
If the divorce is contested, either of the spouses does not agree with specific terms in the marital agreement, which leads to filing the case in court. Most of the forms are the same as the uncontested divorce apart from the marital settlement agreement. You can get the court-approved forms from the clerk at the court.
Divorce is a hard pill to digest for anyone going through it, and if it is a contested divorce, it leads to further mental stress. If you think there are chances of settling on the terms, a mediator may help. A mediator is a third-party neutral person or entity who can help you reach an agreement with your spouse by negotiating. These negotiations by mediators are less expensive and better than fighting it out in court. Mediation meeting is also possible online, i.e. you can participate in a mediation meeting online with just an internet connection. If the negotiation is successful, you may file for an uncontested divorce.