Alabama Divorce Information

In Alabama, there two types of divorces, contested an uncontested.

Contested Divorce

A contested divorce is where the parties cannot agree on the amount of alimony, division of assets, child custody, child support or some other issue.  Therefore, one party files a complaint with the court seeking a divorce. This complaint sets forth the plaintiff's request for a divorce, division of the martial assets, custody of any children, child support and alimony.  Afterwards, the parties either work out their respective differences through their attorneys or the court makes the decisions.  In this process, the judge makes the final determination as to any issues unless the divorce is obtained by default (i.e., the defendant in the action did not file an answer). A contested divorce typically costs more in attorneys' fees than a non contested divorce.

Uncontested Divorce

A uncontested divorce is where the parties can agree upon everything such as alimony, division of assets, child custody, and child support. This agreement is put in writing and is filed with the court.  In other words, this agreement outlines the parties understanding as to the division of their martial assets, the custody of any children, the amount of any child support and any alimony to be paid.  Usually, the parties do not have to go to court to get a non contested divorce. This route typically does not cost as much in attorneys' fees as a contested divorce.

Differences between a contested and uncontested divorce.