This means that if you are a resident of Alabama, you file in Alabama and are governed by Alabama's divorce laws even if you were married, for example, in California.
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You must meet Alabama's residency requirement for an Alabama court to have jurisdiction over your divorce. It sure does. When spouses cannot agree about the terms and conditions of their divorce, they sometimes end up in court where a judge makes decisions for them.
This is called a contested divorce, and hiring a lawyer is a good idea in this case. But when an Alabama divorce case is uncontested and both parties are willing to sign, when you and you spouse agree about everything filing your own divorce is a common choice in order to cut down legal expenses. Read about the advantages of filing your own uncontested divorce in Alabama.
If one of the spouses is a nonresident, the other must have resided in Alabama for at least six months before filing the divorce. The action may be filed in a the county where the defendant resides, b the county where the spouses both resided at the time of their separation, or c the county where the plaintiff resides if the defendant is not a resident of Alabama.
The divorce paperwork requires a signed authentication that you have been a resident of Alabama for at least the past six months. If the court requires proof for some reason, typically an Alabama driver's license or state identification is sufficient. An affidavit of a corroborating witness testifying about your residency also works. After you have printed all the divorce paperwork, you simply mail the documents to your spouse and he or she signs them.
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After your spouse returns them, you file in your local county court. No-Fault: a Incompatibility of temperament that the parties can no longer live together; b irretrievable breakdown of the marriage and that further attempts at reconciliation are impractical or futile and not in the best interests of the parties or family; c voluntary abandonment from bed and board for one year prior to filing the complaint.
Fault: a a party being physically and incurably incapacitated from entering into the marriage state, b adultery, c imprisonment for two years of a seven-year sentence, d habitual drunkenness or drug use, d certified incurable insanity for five years, e wife pregnant by another man, f domestic violence or abuse, g in favor of the wife, when she has lived separate and apart for two years preceding the complaint and has been a bona fide resident during this period. Once the divorce paperwork has been filed in court, it usually takes 30 to 90 days for a divorce to be final.
The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Judgment of Divorce. You control revisions and reprintings as necessary. In Alabama, a divorce hearing is not typically required for an uncontested divorce where both spouses participate. If there are children involved, a short hearing may be required, generally about 15 minutes, gives the court an opportunity to make certain that you understand the parameters of custody, visitation and support that are ordered as part of your divorce.
This is always up to the Judge. If there are no children, the process in very streamlined. Since you and your spouse are in agreement, there is nothing for the court to decide. Learn more about divorce hearings in Alabama. It is easier to effect a name change during the divorce rather than after the divorce is finalized.
Read more about a name change during a divorce in Alabama. A series of questions itemizes property and debt, dividing and allocating both according to what you and your spouse have agreed to.
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The answers become part of the divorce documents, so it is clear to you, your spouse and the court how assets and liabilities have been divided. You answer a few questions dealing with individual retirement accounts. If the process for an uncontested divorce in Alabama feels complex or if you have any questions, it may also be a good idea to talk to a lawyer.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer. Characters remaining: It's one of the top resources I recommend, because they're excellent at what they do.
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How to File for Uncontested Divorce in Alabama
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I understand. You are using an unsupported version of Internet Explorer In order to continue using our website, please upgrade your browser by clicking here. In an uncontested divorce, you and your spouse only need to file a marital settlement agreement stipulating the details of property division, alimony and child custody. If your spouse files an Answer that refutes details in the complaint, then the judge will order you and your spouse to trial. This may be a lengthy, involved process that takes an enormous toll on you personally and financially.
If you and your spouse are unable to come to an agreement on the issues related to the divorce, you will have to endure a long and costly legal process that will include a jury or bench trial. Because your spouse will probably hire an attorney to represent them and protect their interests, you will likely have to do likewise.
In Alabama, if you and your spouse agree on certain issues, you may proceed through the uncontested divorce process. That is why you should make every effort to come to an agreement with your spouse prior to starting the divorce procedure. There are two routes that you can go, find the divorce papers by visiting your states website or local court, or use an online divorce service. A simple google search of your states website and divorce laws should be enough to help you get the process started in finding the right forms.
This DIY process can take you a couple of weeks before you feel comfortable to file your paperwork. This route is only recommended if you and your spouse are filing an uncontested divorce.
How to File a Divorce in Alabama
You will save a lot of money and frustration by completing the paperwork yourself with the help of a online service. These services make filing a breeze by having you answer questions about your divorce and situation, and based on your response, your divorce papers will be filled out and reviewed for you. Alabama courts will often order couples seeking a divorce into mediation even if neither party requests it. Mediators are conflict resolution experts, often with legal training, who attempt to help couples come to an agreement on ongoing issues.
Mediation is not legally binding, but it may help shorten the divorce process or make it unnecessary.