Uncontested Divorce

Uncontested Divorce Attorney in Birmingham 

Representing Clients in Jefferson County & Beyond

An uncontested divorce provides a more amicable and efficient path to separation when spouses can collaborate on the terms of their dissolution. This approach can alleviate much of the stress and conflict often associated with contested divorces.

With over 20 years of experience, our firm is dedicated to guiding you through the uncontested divorce process. We understand that divorce can be a difficult and emotional time, and we are committed to helping you achieve a favorable outcome that considers the unique needs of you and your family. We can work closely with you to ensure that your rights are protected and that your agreement is fair and equitable.

Give us a call at (205) 984-1915 to discuss your case with our Birmingham divorce attorney. 

Filing for Uncontested Divorce in Alabama

To file an uncontested divorce, either spouse must meet the residency requirements, which include being a resident of the state for at least six months. One spouse, the plaintiff, will then need to file a complaint that outlines the terms of your divorce agreement and information concerning the grounds for divorce, whether you have minor children, your marriage date and date of separation, and other personal information. 

The papers will need to be filed at the county court, and the plaintiff will need to serve the papers to the other party. You can serve a spouse by sending the paper via mail with a return receipt requested or via a process server. If the other spouse is willing, they can sign an Acceptance and Waiver of Service that acknowledges they received the complaint. 

Once the court has received proof of service, a hearing will be scheduled to finalize the divorce. If no objections are raised, the court will typically grant the divorce decree.

Is Alabama a No-Fault Divorce State? 

Alabama offers both no-fault and fault-based divorces. This means that couples have the option to choose either method when filing for divorce.

No-fault divorce is the more common choice in Alabama. It requires neither spouse to prove the other's wrongdoing. Instead, a couple can file for divorce on the grounds of irretrievable breakdown of the marriage or incompatibility. This option is often preferred because it can be less contentious and time-consuming.

When filing no-fault, couples can cite that their marriage is irretrievably broken or incompatibility. An irretrievable breakdown indicates that the marriage is beyond repair, while incompatibility suggests that the spouses no longer get along.

Fault-based divorce is less common but still available in Alabama. In this case, one spouse must prove the other's fault in causing the breakdown of the marriage. Under Ala. Code § 30-2-1, the grounds for fault-based divorce can include: 

  • Adultery
  • Cruelty 
  • Voluntary abandonment (for at least a year)
  • Imprisonment (when the imposed sentence is for seven or more years)
  • Drug or alcohol addiction 
  • Mental illness that led to institutionalization for at least five consecutive years and the spouse is deemed incurably insane
  • One party was pregnant when they married without the other party’s knowledge

It is important to note that you can file an uncontested divorce on fault-based grounds. However, filing on fault-based grounds can sometimes be more complex and time-consuming than no-fault grounds. This is because they often require additional evidence or legal proceedings to prove the fault of the other spouse. If both parties agree on the divorce and wish to expedite the process, it might be more beneficial to choose no-fault grounds. 

Talk with Our Birmingham Uncontested Divorce Lawyer

Our firm has a proven track record of successfully handling uncontested divorces in Alabama. We prioritize understanding the individual circumstances of each client and work diligently to achieve outcomes that align with their goals and priorities. Whether you need help drafting your agreement or negotiating terms, our attorney is here to help.

Schedule a consultation today by calling (205) 984-1915

  • “Great lawyer and dedicated to justice for her clients.”

    Mrs Robinson is dedicated to Justice and fairness. She is knowledgeable. And honest. She is the best investigative lawyer I've ever known. She don't stop until Justice is served. Mrs Robinson is honest and reasonable and will tell you the truth. Her courtroom knowledge is second to none. She is family oriented. Has a great attitude and is all around a special person. I would recommend her to any one.

    - James
  • “She communicated with me throughout the process.”
    She got pretrial diversion for me in my case. She communicated with me throughout the process. She also did not have to return to court with me for the final step but she did!
    - LeAnn
  • “GETS RESULTS!!!! PHENOMENAL ATTORNEY!”
    I have personally watched Ms. Robinson in open court, and she is exactly what you want! She is THE quintessential attorney! Don't hesitate to contact her, she will immediately start working and your case, and she won't disappoint!
    - David
  • “She went above and beyond”
    Due to a misunderstanding, a warrant was issued in Alabama, even though we live in Virginia and hadn't been to Alabama for many years. We were apprehensive about the possibility of traveling to Alabama during these uncertain times. Luckily, Ms. Robinson was able to quickly and professionally interact with local law enforcement and the district attorney's office to get the case dismissed without us having to be there. Throughout her handling of the case, she went above and beyond to make sure we were aware she was doing everything in her power to assist us. We are deeply appreciative of her and her efforts and would HIGHLY recommend her to anyone needing representation.
    - Lynn
  • “Amazing and highly recommended.”
    I contacted Ruth Robinson on a Saturday regarding a warrant that was issued for failure to appear. On Monday, she filed a notice of appearance as my attorney and filed a motion to have the warrant recalled. The court told her they’d recall the warrant and set a new court date. Ruth was very professional, diligent, and went above and beyond for me. She listened to everything I told her, requested me to send her several screenshots and filed the necessary paperwork to get the warrant recalled and a new court date. Amazing and highly recommended if you want or need someone who is passionate about practicing law and treating you like you’re a priority.
    - Terry
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    Ruth Robinson is a thorough and passionate criminal defense attorney. When I found myself facing criminal charges for something that was completely bogus in a corrupt governmental atmosphere, she has worked with me diligently and continues to do so. I trust her completely and she has always worked hard for me. Better than any attorney I could ask for through and through.
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Dedicated & Experienced
  • Member of the Alabama State Bar Family Law Section
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  • Alabama Criminal Defense Lawyers Association
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