Getting a divorce in Alabama is a complicated and challenging process, but spouses don't have to go through it alone. With help from an Alabama divorce attorney, it is possible to get through the process and move forward. While every case is different, this guide will give you an idea of what to expect during a divorce.
Contested vs. Uncontested Divorces
Divorces in Alabama can be contested or uncontested. In an uncontested case, parties agree on terms, so they typically pay lower costs during the divorce process. Contested divorces, however, happen when spouses will not or cannot agree on matters like child support, spousal support, property division, and child custody. While getting divorced can be tough for those who don't know the state's legal system, but a local attorney can help.
Residency Requirements
Alabama law limits these proceedings to state residents, and the requirement applies when one spouse lives there, but the other does not. To get a divorce in Alabama, one must live there for at least six months before filing.
Getting Started
The process starts when a complaint for divorce is filed. An Alabama divorce complaint must include information about both spouses, the reason for the divorce, and requests pertaining to child custody, spousal support, and asset division.
When the complaint is filed, the non-filing spouse must be served by a process server, certified mail, or a sheriff. Upon receipt, the other party has 30 days to file a response. If the terms are agreeable to both sides, they can enter into an agreement and submit it for the court's approval. If parties do not agree, the state will hold a trial where a judge will decide on contested issues.
Reasons to Get a Divorce in Alabama
When a person files a divorce petition, they must list the grounds leading to the action. The state recognizes no-fault and fault-based grounds in divorce cases. In no-fault cases, parties are not required to prove wrongdoing on the other spouse's part. No-fault grounds include:
- Incompatible temperaments
- Irreconcilable differences
Petitioners can also file based on a spouse's fault or misconduct, which they must explain. Examples include:
- Incarceration
- Abandonment
- Adultery
- Drug or alcohol addiction
- Mental or physical abuse
If a spouse is found responsible, the finding may affect child custody, spousal support, and property division. If you seek a divorce in Alabama, get help from a legal professional.
Is There a Waiting Period for an Alabama Divorce?
Like some other states, Alabama has a required waiting period for divorces. A minimum of 30 days must elapse following the date of the complaint and initial summons before a divorce is granted. If the case's circumstances require swifter action, a petitioner can apply for temporary orders pertaining to spousal support, child custody, and visitation. Along with this waiting period, Alabama requires newly divorced people to wait 60 days before entering new marriages.
Contact an Attorney for Support During an Alabama Divorce
Divorces are rarely easy, even under the best of circumstances. The outcome of a case can have long-lasting effects on a person's financial status, their children's emotional well-being, and other aspects of life. With help from an attorney, petitioners can achieve fair and equitable outcomes for themselves and their families. If you'd like to learn more, call or click to schedule a no-obligation consultation.
