General denial answer to uncontested divorce complaint?

Bingo

New Member
Jurisdiction
Alabama
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
 
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?

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.
 
an uncontested divorce

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
 
Would like to hear from folks with knowledge or experience on this

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.

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?

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

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?

Your thinking is logical.
 
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