I suppose this is subjective so if you are looking for a quicky divorce that’s not going to happen in Alabama. Our Courts hold onto the uncontested divorce for thirty days once it’s filed with the Court. Besides the thirty-day holding period the following can hold up the uncontested divorce process:
- Not having all the information your attorney needs to prepare the uncontested paperwork. If you don’t supply addresses, lists of assets, income information, then the papers can’t be prepared.
- One or both parties not signing the documents in a timely manner. Many times one party is a hold- out causing a delay.
- The documents aren’t signed in the right place or are notarized in the wrong place. Even though we send documents with sticky notes we still get them back with the signatures in the wrong place.
- The parties change their mind. If you want it to be a quick divorce then you have to get the terms down before you give them to your attorney to prepare.
- Failure to pay the applicable costs. Besides paying your divorce attorney there will be Court costs. You’ve got to pay these to insure the papers get filed.
- Not responding to requests from your attorney or their staff for information. Often you will need to supply more information and if you delay in getting back to your attorney the papers can’t be completed.
- Jurisdictional issues arise if the parties haven’t lived in the State for six months before filing. You have to wait until the six months period before filing. There are other jurisdictional issues that arise if you both don’t live in the state that’s not covered in this list.
- The parties begin to argue. Papers are completed and awaiting signatures and then the parties let their emotions get the best of them and the uncontested papers hang in the balance until the parties can resolve the issues.
- One party wants to take the papers to another lawyer. In an uncontested action one attorney can draft the papers and have necessary documents executed to enable it to be filed without another attorney. Yet if the parties haven’t worked together on the terms one party may decide they want to seek counsel. If this occurs then it’s probably going to take much longer due to the back and forth of the attorneys.
- One of the parties decides they don’t want the divorce. Even if the party says they will sign it’s not uncommon for them to decide they aren’t going to take action until they are served.
A fast and simple divorce is what everyone wants but as you see from the above examples, there are several factors that can cause a delay.