Law

Fact you need to know about an uncontested divorce in Birmingham

Congratulations on filing for an uncontested divorce. You and your husband have already established the tone for a peaceful divorce. However, negotiations may quickly heat up once the divorce process begins, and what was once an uncontested divorce can become a disputed one. That is why hiring a Birmingham divorce attorney familiar with the rules of an uncontested divorce is one of the best divorce decisions you can make. 

Defining Uncontested divorce:

An uncontested divorce indicates that both spouses have previously agreed on all of the issues in their divorce, such as asset division, child support, and child custody if they have children together. As a result, a court will have no reason to decide on behalf of spouses applying for an uncontested divorce; they will be able to make important decisions for themselves. This makes the divorce process go more smoothly, faster, and for less money.

What forms does my lawyer need to file to get an uncontested divorce?

A couple must file below documents with the county clerk for an uncontested divorce. 

Affidavit of Residency: This document certifies that both parties have met residency criteria for divorce. The form, which must be notarized, is completed by a third party.

Vital Statistics Form: Divorcing couples fill out this form to help the state keep track of their records.

Acknowledgment of Non-Representation: When one of the couples chooses not to have a lawyer assist them in their divorce, both spouses must sign and file this form with the clerk’s office.

Marital Settlement Agreement: The agreement in which the spouses spell out all of their divorce terms is known as the Marital Settlement Agreement.

Complaint: The filing spouse (plaintiff) requests that the court give them a divorce. Along with the marriage settlement agreement, the lawsuit is filed.

Answer: A statement acknowledging receipt of the complaint from the defendant’s spouse.

Waiver: A document where the defendant waives their right to proper process served.

Plaintiff’s Testimony: The plaintiff certifies that, whatever their grounds for divorce are, their spouse is not a military member and that their marriage has irreversibly broken down. This document has to be notarized.

Child Support Information Sheet (CS-47): This document is about child support. Even if they do not have children, divorcing spouses must fill out this form.

To conclude, the couple must wait 30 days after their lawyer files all the proper documentation with the county clerk before the court will grant them a divorce.

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