Understanding Uncontested Divorce

In the right situations, a Lee County uncontested divorce offers many benefits

While uncontested divorce is not the right solution for ending all marriages, couples who are able to come to a negotiated agreement on the terms of their divorce benefit in a number of ways:

• Control.  Every point you successfully negotiate is one less point left to the discretion of a judge.  Alabama judges make decisions based on a set of guidelines designed to achieve fair results for a majority of divorcing couples—but those guidelines are not always in the best interests of every couple.  You can achieve a divorce best suited to the needs of your own family when you negotiate your own settlement.
• Costs.  When you negotiate your own settlement, the courtroom process is typically an administrative formality.  Less court time can translate into significantly reduced court costs.
• Reduced stress.  A courtroom battle is lengthy and stressful.  Each day spent in court takes its toll on both spouses and children as their normal lives are interrupted and their ability to develop a new normal life is delayed.

Taking control over the terms of your own divorce may sound like a simple solution, but you need an experienced attorney to protect your interests and make sure you know your rights when a judge is not serving these important functions.  The attorneys at Whittelsey, Whittelsey & Poole provide the skilled representation you need to make sure you and your children emerge with a bright future.

Common types of uncontested divorce

The different forms of uncontested divorce include the following:

• Simplified divorce.  Generally reserved for uncomplicated situations such as short-term marriages with no children and few marital assets, both parties can typically reach agreement through an informal meeting.  Each can be represented by an attorney, but this is a solution that can sometimes be handled with one attorney representing both parties.
• Divorce mediation.  Even couples who want to agree on the terms of their settlement are likely to disagree on certain points.  A mediated divorce involves conducting negotiations before an impartial divorce mediator—usually an attorney—who helps couples find ways to reach agreement on any points of contention.  It is important for each spouse to enter these negotiations represented by an attorney.
• Collaborative divorce.  Couples with a strong commitment to resolving every settlement issue through negotiation may choose this highly regulated type of divorce.  It involves conducting a series of meetings between the spouses, their specially-trained collaborative lawyers, and a team of financial and psychological experts chosen based on the needs of the couple to arrive at full settlement.  But if any terms cannot be settled, the entire divorce process ends.  Couples who decide to try again using a more traditional form of uncontested divorce are required by law to terminate their collaborative lawyers and find new ones.

Contact a Lee County uncontested divorce attorney to discuss your situation

Choosing the right type of divorce is an essential first step toward ensuring your rights—and the best interests of your children—are protected.  Contact Whittelsey, Whittelsey & Poole to find out how we can help.  We take the time to thoroughly review the details of your situation before advising you on your legal options.