What is an Uncontested Divorce?


In Alabama there are two types of divorces, contested and uncontested. An uncontested or a non-contested divorce is when you know where your spouse lives, your spouse agrees to all the terms and conditions contained in the agreement, and your spouse is willing to sign all the divorce paperwork.


What are Some of the Advantages?


  • It costs less than a contested divorce and is actually a cheaper divorce alternative.

  • Generally, parties do not have to go to court to get an uncontested divorce.

  • The parties get to decide issues on custody, asset division, and alimony, instead of the court.

  • Takes less time to get than a contested divorce.


Divorce Agreement


With any uncontested divorce, the parties must have divorce agreement. The divorce agreement contains the parties understanding as to:


  • alimony

  • division of assets

  • division of debts

  • child custody

  • child visitation

  • child support


This settlement agreement is put in writing and is signed by both parties. The agreement, along with other necessary paperwork, is filed with the court. 


Alabama Uncontested Divorce Process


The divorce process in Mobile, Alabama varies based on whether you have a contested or uncontested divorce. If it is uncontested divorce, then the process is much shorter and easier. It also does not cost as much.  The following is the overview of the uncontested divorce process:


  • The required information is gathered from the parties.

  • Based on that information, the paperwork is drafted and reviewed by the parties.

  • If both parties agree with the terms and conditions contained in the divorce paperwork, the parties sign the paperwork in the presence of a notary.

  • Afterwards, the divorce papers are filed with the court.

  • If children are involved, the parties must attend a trans-parenting class.


How Long Does it Take to get an Uncontested Divorce in Mobile, Alabama?


  1. An uncontested divorce can be signed by the judge anytime after 30 days from the filing date.


   2. This 30 day period is called the “cooling-off period” and it is mandatory in Alabama