Frequently Asked Questions About Uncontested Divorce


Q1. What is the difference between a contested divorce and an uncontested divorce?

A1. What is a contested divorce?  contested divorce essentially means that one spouse cannot agree to significant terms of the divorce, usually regarding custody or assets, and thus, going to court is sometimes unavoidable.  If neither spouse can come to terms with the other, then one spouse files for divorce (the complaint for divorce), and the other spouse is served with a summons and complaint.  The contested divorce process can be lengthy and strenuous and highly emotionally draining for not only the spouses, but the children, and family members and friends. 

What is an uncontested divorce?  An uncontested divorce, on the other hand, does not require the divorcing parties to go to court.  The process is much simpler, more efficient, and usually less expensive than a contested divorce, since the divorcing parties fundamentally agree on many of the divorce issues (division of marital assets, debts, child custody, child support, etc.).  An uncontested divorce may be completed with the aid of an attorney through the negotiation and marital settlement agreement process until the dissolution of the marriage is complete.  Although generally the divorce process is not ease, typically the parties who agree to the terms of the divorce and file a joint petition for uncontested divorce do not have the additional hassle and emotional drainage of fighting in court.


Q2. How can I be sure that going through an uncontested divorce is the best choice rather than a contested divorce?

A2. First, evaluate your situation.  Two initial concepts to consider, when determining whether to go through with an uncontested divorce, are: (1) your spouse will not likely go to court regarding the divorce; and (2) you and your spouse have reached a basic divorce agreement and need help drafting the settlement agreement documents.  If both of these are true, following through with the uncontested divorce will save you time, money, and emotional strain.  Unless going to court is unavoidable between you and your spouse, an uncontested divorce may be the most efficient option.  In addition, the uncontested divorce process tends to be much simpler than a contested divorce overall, since there is no court proceeding in an uncontested divorce; however, having the aid of an attorney will not only provide you important legal advice, but an attorney will guide you through the entire process so it will go smoothly.


Q3. Why would I need an attorney for an uncontested divorce when my spouse and I agree on most of the divorce issues (marital assets, child support, child custody, etc.)?

A3. Although an attorney is not required for an uncontested divorce, it is highly recommended that you at least consult with a lawyer before determining whether you need to hire an attorney or continue without counsel.  As such, retaining an attorney is extremely beneficial, since an attorney can assist in communicating with each spouse or spouse's attorney to resolve areas of disagreement without the hassle of having to go to court.  Furthermore, an experienced and knowledgable attorney can grant you the essential legal advice regarding all of your possible options that are crucial for consideration in an uncontested divorce.


Q4. What happens if my spouse is missing or refuses to cooperate with the uncontested divorce?

A4. If your spouse disappears or refuses to participate in the uncontested divorce process, you may still be able to obtain a divorce.  If this is the case, you can choose to go through a special procedure, with which you may be aided by an attorney, by filing for a contested divorce and eventually applying for a default when the missing or uncooperative spouse does not answer.  If this situation likely applies to you, please contact Amanda B. Cook for additional information and assistance.


Q5. Does Amanda B. Cook provide general legal services for the Korean community in the surrounding Montgomery areas?

A5. Absolutely.  Not only does Amanda B. Cook cater to the Korean community, but she also provides proficient Korean to English (and vice versa) translations (both written and verbal) for ease of communication within the attorney-client relationship.  Amanda B. Cook is associated with Nak J Kim & Associates, LLC, which enables her to provide such linguistic services, in order to better serve and cater to the Korean community in the Montgomery area.  Amanda B. Cook hopes that by reaching out to the Korean community, she can help represent those who have difficulty in finding adequate legal representation due to language barriers.  For more information, please contact divorce attorney Amanda B. Cook.  To reach a Korean representative, Attorney Nak J Kim may be contacted by phone: (334) 356-7875.

Contact Us

Uncontested Divorce Attorney Amanda B. Cook, Counselor at Law

Uncontested Divorce Alabama

Amanda B. Cook focuses on helping her clients deal with their uncontested divorce issues effectively and efficiently, with justice and fairness.

Attorney Amanda B. Cook practices divorce law, specifically uncontested divorce (with or without children), in Montgomery, Alabama and surrounding areas. She is not only consistently professional, but she is highly passionate and committed towards serving the best interest of her clients at all times. Her aim is to help her clients every step of the way through the uncontested divorce process. If you have any questions or are in need of assistance regarding uncontested divorce, contact Amanda B. Cook for a free consultation by phone (334) 356-7879 or email amanda@abcesq.com.


Where both spouses agree to many terms in the divorce, including marital assets, child support, and child custody, either may file for an uncontested divorce. An uncontested divorce is one in which the spouse, who did not initiate it, does not challenge the divorce. There are two types of uncontested divorce: (1) uncontested divorce without children; and (2) uncontested divorce with children. An uncontested divorce does not require the divorcing parties to go to court. The process is much simpler, more efficient, and usually less expensive than a contested divorce, since the divorcing parties agree on many of the divorce issues (division of marital assets, debts, child custody, child support, etc.). An uncontested divorce may be completed with the aid of an attorney through the negotiation and marital settlement agreement process until the dissolution of the marriage is complete.


If you and your spouse are considering an uncontested divorce, please do not hesitate to contact Divorce Attorney Amanda B. Cook.
Visit us at:
www.uncontesteddivorcealabama.com
2740 Zelda Road, Ste 5B, Montgomery, AL 36107
USA