Divorce is one of life’s most challenging and demanding choices that must be handled with care and precision. Divorce in Alabama might be overwhelming if you are unaware of the kinds and procedures. An uncontested divorce lawyer Alabama can help you file your case based on the particular events of your divorce.
Mutual Consent/ Uncontested Divorce
Mutual consent divorces are those in which both parties voluntarily agree to terminate their marriage and work out the details of their divorce peacefully, rather than via the courts. An uncontested divorce occurs when a husband and wife submit a joint divorce petition without going to court.
In a contentious divorce, one spouse applies for divorce while the other opposes it in court. A contentious divorce is sometimes known as a one-sided divorce. Only one spouse files for divorce while the other opposes it.
A mutual agreement divorce does not need a reason for divorce, while a disputed divorce requires a legal cause for divorce. Among the many reasons for divorce are infidelity by the spouse, cruelty to one’s mental or physical health, abandonment, religious conversion, and several other mental or physical ailments.
Support, Child Custody, And Property Division
After agreeing on the terms of their divorce, the husband and wife pre-determine the details of their financial support/alimony, child custody, and property split. However, the above are all contentious topics.
A contentious divorce has no idea of a cooling down period since there is no hope of reconciliation. In a mutual consent divorce, the couple is given a few months to rethink their choice. The court may waive the cooling period if it believes that reconciliation is impossible and that a cooling period would merely prolong their misery.
Filing Requirements For Divorce
An application for mutual divorce may only be submitted after at least one year has elapsed after the day of the marriage. However, if the marriage is causing hardship, the court will often overlook this provision. In a contentious divorce, the divorce lawyer must submit a leave petition to the court.
Both spouses file a combined petition with the court in a mutual divorce. The spouse who submits the uncontested divorce petition opposes it in court.
Divorce Process Timeline
A divorce order is typically issued in 1-8 months for consensual divorces, while contentious divorces may take 1-2 years due to the additional paperwork required.
People often mix up amicable and disputed divorce, resulting in excessive legal fees! As explained above was, all you need to know about mutual consent and disputed divorce.
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