Here are some of the issues you and your spouse will have to agree on to file for uncontested divorce in Alabama.
Financial terms
It’s important that you and your spouse figure out who receives your joint assets. Note that in Alabama, the property you enter the marriage with is seen as separate and will not be distributed during the divorce. Property purchased during your marriage (or gifts you received) must be divided. This division doesn’t necessary have to be a 50-50 split, however. It does have to be fair.
Custody of Children
If you have had children together, this is the most crucial point for you and your spouse to be in agreement upon. Uncontested divorces are usually more amicable than contested ones so you will need to work out who will maintain primary custody of your child(ren) and how often the other spouse will have visitation or custody privileges.
Child Support Payments
The spouse who is not the primary caregiver for your child(ren) will likely provide some kind of child support for your offspring.
Child support is required by Alabama Law to be calculated based upon both parties gross income and the number of children when subjected to a child support payment guideline schedule. Factors that effect the final support amount is daycare payments, health insurance obligation and prior court ordered child support from a former marriage of one of the present spouses.
Deviation from the child support guidelines can be had when justifiable reasons are presented to the Court.
Spousal Support
Spousal support may or may not be appropriate, depending on your situation. For example, if you and your spouse make the same wage, or if your spouse has a large trust that they brought to the marriage, then spousal support may not make sense for your uncontested divorce.
