How long uncontested divorce

If you are the person who filed for the divorce, you are the plaintiff. Your spouse is entitled to come to the hearing but is not required to.

Judges usually require you to bring a certified copy or the original of your marriage certificate. If you were married in D. If you truly cannot obtain a certified copy or the original of your marriage certificate, explain that to the judge.

Go to the courtroom. Try to arrive early and check in with the courtroom clerk. Have a seat in the courtroom. The judge will come in. When your case is called, walk up to the table and state your name. The judge will put you under oath and ask questions to see whether you are eligible for a divorce. You will be giving the judge the same kind of information that you put in your divorce complaint: your name and address, whether you or your spouse has been a D.

If you changed your name when you got married, the judge will ask whether you want your former name back. An uncontested divorce hearing typically takes about 20 minutes. The judge will sign a written divorce decree, also called a divorce order or "Findings of Fact, Conclusions of Law, and Judgment of Absolute Divorce. Otherwise, the court will mail you a copy of the signed divorce order.

Are you a small business or nonprofit organization looking for legal information? Some states have simplified procedures available for couples in this type of situation. Such procedures are strictly limited however, and are available only for marriages that were relatively brief, generally five years or less. Couples with minor children or substantial assets will generally be able to proceed through an uncontested divorce if they are able to agree on all of the major issues listed above.

A couple that has minor disagreements in one or two areas may still be able to avoid a contested divorce in court, but they will need to negotiate with each other until they have reached complete agreement. If they are able to communicate well, they may be able to negotiate directly. If this is not feasible, couples can try mediation for help in resolving their disagreements. They can also negotiate through attorneys, although this option will increase their costs. Couples with short marriages, no minor children to care for, and few assets to divide may be able to complete their divorce without either spouse hiring an attorney, particularly if their state has a simplified process that fits their situation.

Many couples use a mediator to help them come to agreement on property and custody issues. And if you or your spouse has retirement benefits through work, through work, you might need to hire an actuary appraiser to value them or a lawyer to prepare the special court order you'll need to divide them. Couples with more complex situations may also proceed without attorneys, but with greater caution, as one or both spouses could be giving up substantial legal rights.

It may make sense to hire a consulting attorney to help you review your paperwork and potential settlement agreement to make sure you haven't made any mistakes or unknowingly given up a legal right.

In some states, couples who have agreed to divorce may file their paperwork jointly. In other states, it's common for the couple to agree to the terms of their divorce and then have one spouse hire an attorney to prepare the paperwork.

A couple in this situation must understand that an attorney can only represent one spouse, and the spouse who is not represented could therefore be at a significant legal disadvantage—in most cases, unless the unrepresented spouse has an excellent understanding of the law, it's a good idea for that spouse to also hire an attorney to review the paperwork before the divorce is finalized.

A legal document preparer can help you with your divorce paperwork. In many states, legal document preparers, paralegals, or legal typists different names for the same job can help you prepare court forms for a divorce. They cannot give you legal advice, but they can direct you to helpful resources and then make sure the forms are properly filled out so that your court process goes smoothly. At this trial, both spouses will call witnesses and present evidence of why they should be awarded whatever it is that they are wanting.

There are two types of custody in Alabama, physical and legal custody. Legal custody is who has the rights to make decisions for the child and is usually given jointly in a divorce. The physical custody is who the child is actually living with most of the time, that parent has sole physical custody and the other parent has visitation rights such as every other weekend. If your spouse was ordered to do something and refuses to do it, then you can take them back to the judge that ordered it and they can find them in Contempt of Court.

This means that the judge can make them do it or punish them for not doing it. Sometimes this could mean making them pay fines or additional costs. Sure, this is called a joint petition to modify if both parties are in agreement.

So if the two of you need to change the primary custody from the mother to the father so that the child can be enrolled in another school system, it can be a matter of mostly paperwork and there is usually not a hearing. If the biological father is in agreement, then you can do something called a step-parent adoption.

This person looks into the prospective parents home situation and recommends the adoption take place. As long as the biological parents are in agreement then it can occur without too much difficulty in the Probate Court where the child resides. In Alabama, there is a formula that is used by the courts to determine how much one party is to pay in child support to the other. This is called the child support guidelines and is based primarily on both spouses gross monthly incomes.

The courts will usually go by what these guidelines say, but if you wish to agree to a different amount you can do so in your settlement agreement but if a judge feels that the amount you have agreed to is unfair then they might not sign off on your agreement and a hearing will need to be held or you will need to amend the documents appropriately. Typically, if you are close to the guidelines then it is alright, but if you agree to an amount that is substantially lower or higher than the guidelines it can cause delays in your divorce being finalized and may not be approved.

Our local divorce attorneys will perform the guidelines for you in an uncontested divorce and it is usually best to go by their calculations if possible. You cannot remarry another person for a period of 60 days from the date your divorce decree is entered. If they will not sign the papers then you and your spouse are not in agreement since they are not willing to sign the agreement and you can wait to see if they change their mind or you can file for a contested divorce.

If you cannot locate your spouse, then you will need to file a contested divorce and we will try to locate them ourselves or have the process server attempt to find them as well. If they still cannot be located and served properly, then there is a mechanism for getting divorced that involves your local newspaper and usually takes a few extra months. This method basically allows for you to put an ad in the paper notifying your spouse of the divorce filing, giving them notice in the local paper.

If you are in need of a Gadsden divorce attorney or a divorce lawyer anywhere else in the State of Alabama we can help. If you are pursuing an uncontested divorce where you and your spouse have reached an agreement concerning all marital issues then you can fill out our questionnaire Read more.

However, we usually work with you to structure a low, flat fee instead of expensive retainers that are billed out of at an expensive hourly rate