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General denial answer to uncontested divorce complaint?

Discussion in 'Divorce, Separation, Annulment' started by Bingo, Feb 22, 2021.

  1. Bingo

    Bingo Law Topic Starter New Member

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    In an uncontested divorce with everything agreed to in a settlement agreement, the complaint simply says incompatibility as ground for divorce and other basic facts. Is it right for the answer to be a genera denial of what the complaint alleges? I’m asking becoz this seems a little counterintuitive — parties agree to no-fault divorce and how everything is handled, shouldn’t the answer admit to everything in the complaint? Wondering if a genera denial answer is more a matter of form, which allows the filing party to present his/her written testimony. Would like to hear from folks with knowledge or experience on this
  2. Tax Counsel

    Tax Counsel Well-Known Member

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    The party answering the complaint would deny any allegation in the complaint that he or she disagrees with or to which he or she does not know the answer, but would admit those parts of the complaint that are true. While you two agree on everything it would still be a good idea to meet with a divorce attorney for help getting the procedure right.
  3. army judge

    army judge Super Moderator

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    Requires no allegations.

    In Alabama an uncontested divorce (also known as a simple divorce in Alabama) the parties agree on all issues required to end their marriage.

    There would be no need for a judge to hold a trial on any factual matters or allegations, if the divorce is to be uncontested. The parties have hashed out any differences and wish to proceed as previously agreed.

    The no-fault grounds for divorce in Alabama are:

    1. Incompatibility
    2. Irretrievable breakdown of the marriage
    3. Voluntary abandonment

    The fault grounds for divorce in Alabama are:

    1. Incapacitating condition (or ailment) before entering into the marriage
    2. Adultery
    3. Imprisonment of a spouse (perhaps both spouses)
    4. Habitual drunkenness or use of drugs
    5. Incurable insanity or mental incapacitation
    6. Pregnancy of the wife by another man DURING the marriage
    7. Domestic violence or abuse
    8. Living separate and apart from the each other for at least two years

    Several Alabama attorneys opine on the matter at hand:

    10 Common Alabama Divorce Mistakes | The Burleson Firm

    Contested v. Uncontested Divorce in Alabama | The Rose Law Firm, LLC | Birmingham, Alabama

    Alabama Uncontested Divorce Checklist | Leigh Daniel Family Law

    How to Get an Uncontested Divorce in the State of Alabama — Reid Law Firm
  4. zddoodah

    zddoodah Well-Known Member

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    Just FYI, to the best of my knowledge, none of the folks who post here regularly are in Alabama -- much less family law attorneys in Alabama. Nor is it likely that anyone who has been through a divorce in Alabama will happen upon your post.

    No one who hasn't read the complaint can speak intelligently about the appropriate form/content of an answer.

    Your thinking is logical.

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