If you and your spouse are in agreement, it is fine to hire an uncontested Alabama divorce lawyer. However, if your spouse wants a fight, it is better to know as soon as possible and hire an experienced Alabama contested divorce attorney. Failing to hire your own Alabama divorce attorney.
Full Answer
How can I get a quick divorce in Alabama?
Jul 07, 2021 · You can file for divorce in Alabama without using a lawyer. If you want to pursue an uncontested divorce and you and your spouse agree on all terms, you can complete the required paperwork, cite a no-fault ground, file it with the court and wait 30 days before a judge will issue your divorce decree.
Is your spouse’s lawyer your Alabama divorce lawyer?
Feb 25, 2022 · Six steps to an Alabama divorce. Initiate the divorce process; Notify your spouse; Decide whether to pursue an uncontested divorce or a contested divorce; Decide whether to hire an attorney or not; Resolve the three big issues; Finalize all paperwork; Or you could use an online service to streamline the process
How does an uncontested divorce work in Alabama?
Mar 23, 2022 · A Decatur divorce attorney can help draft or review a MSA. In Alabama, the court requires that 30 days pass before the judge will approve a divorce request. The time increases to 45 days if the spouses have minor children. A Complaint essentially states the spouses are engaging in a no-fault, uncontested divorce.
What are the residency requirements for filing a divorce in Alabama?
How long can a contested divorce take in Alabama?
How Long Does It Take to File for Contested Divorce? Many contested divorces take six months to a year in Alabama.
How do I file a complaint against a divorce in Alabama?
Steps for an Uncontested Alabama DivorceMeet the Residency Requirements. ... Prepare your Initial Divorce Papers. ... Settlement Agreement. ... File your Initial Divorce Papers at your County Court. ... Serve your Spouse Divorce Papers. ... Submit Proof of Service to the Court. ... Complete Additional Divorce Forms.
Do both parties have to agree to a divorce in Alabama?
To get an uncontested divorce in Alabama, both spouses have to reach an agreement on all the issues in their divorce and submit a marital settlement agreement to the court.
How much is a divorce lawyer in Alabama?
You can expect to pay at least a few hundred dollars even for the most simple, uncontested divorce. Alabama family law attorneys charge an average of $294 per hour for legal services. If your divorce is heavily contested and involves complicated issues, you can expect to pay more in legal fees.Jun 12, 2020
Do I need an attorney to file for divorce in Alabama?
Many couples find that they can navigate the uncontested divorce process without hiring lawyers. Also, with an uncontested divorce, you may be able to use a service to file for divorce online.
Does it matter who files for divorce first in Alabama?
Failing to file first. The spouse who files first in the divorce is the plaintiff. The other spouse is the defendant. Being the plaintiff has certain advantages. This spouse gets to start on the offense and set the initial tone of the divorce.
Does the wife get half in a divorce in Alabama?
Alabama is an equitable distribution state, which means that assets gained during the marriage or used for the benefit of the marriage should be split in a fair and equitable way. This does not often result in an exact 50/50 split once you take into consideration factors like: Each partner's income.Feb 5, 2021
How long do you have to be separated before you can divorce in Alabama?
when the wife has lived separate and apart from the husband without any financial support for a period of two years before filing for divorce and the wife has resided in Alabama during that time;1 or.
Who gets the house in a divorce in Alabama?
Alabama courts always prefer that the spouses decide amongst themselves who gets the house and all marital assets. Courts will only step in and make a decision if the couple is not able to arrive at one themselves or with the help of their lawyers.Apr 28, 2021
How much does uncontested divorce cost in Alabama?
How much does an uncontested divorce typically cost? As of 2019, it costs a plaintiff $290 in filing fees for an uncontested divorce in Alabama. If there is a minor children in the marriage, that amount rises to $390. Each Alabama county also has a separate filing fee.
How much is the average divorce in Alabama?
In general, filing and completing a divorce in Alabama will cost around $200-$350. The average cost of filing for divorce in Alabama is usually around $215-230. If you have a contested divorce case in Huntsville, Alabama, the costs will be much steeper.
What forms are needed to file for divorce in Alabama?
The basic forms are the divorce complaint, marital settlement agreement, testimony of plaintiff (affidavit), affidavit of residency, child support information sheet (CS-47), and the vital statistics form. You must file the uncontested divorce documents with the clerk of the court and pay a filing fee.
How to file for divorce in Alabama?
To file for divorce in Alabama you must file a Complaint for Divorce and a Summons with the Clerk’s Office of the district court. These papers should include details regarding property division, alimony and child custody.
What is the process of filing a complaint for divorce?
In a divorce proceeding, this is called Service of Process and involves delivering copies of the Complaint for Divorce and Summons along with supporting documents to your spouse in a timely manner.
What happens if my spouse doesn't respond to my divorce?
If your spouse does not respond to the Complaint for Divorce, then the judge may assume that the respondent is waiving their right to be heard by the court. In this case, the court will likely grant the plaintiff most or all they are seeking in the Complaint for Divorce.
How to complete service of process?
By mail —If your spouse does not accept the delivery of divorce papers, you may complete Service of Process by sending the papers via certified mail.
Do divorce lawyers charge by the hour?
Because most divorce lawyers charge by the hour in a contested divorce you may expect to pay quite a bit more if you and your spouse cannot come to an agreement.
What is a contested divorce?
Contested Divorce (High Cost) 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.
Can you get divorced in Alabama?
In Alabama, if you and your spouse agree on certain issues, you may proceed through the uncontested divorce process. You and your spouse must agree on property division, a division of debt and child custody to use this expedited process. There is no need for a trial, but the judge may order you to appear at a hearing.
What does "fair and equitable" mean in divorce?
This means that in a divorce, courts will divide property in a fair and equitable manner. But equitable does not mean a 50-50 split. Courts will use a number of factors to determine what is fair and equitable. Before this happens, the determination must be made as to what constitutes marital property.
How long can you be in jail for abandonment?
abandonment of the marriage for a period of at least 12 months. a mental illness that caused a spouse to be institutionalized for at least 5 consecutive years and the spouse is incurably insane at the time of the divorce filing. imprisonment for at least 2 years, with a sentence of at least 7 years in prison.
Who is Jason Crowley?
Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. Jason is the managing partner of Divorce Capital Planning, co-founder of Divorce Mortgage Advisors, and founder of Survive Divorce.
Is retirement considered marital property in Alabama?
In Alabama, pensions and retirement accounts are considered marital property and subject to equitable distribution laws. This applies only to the amounts accumulated during marriage. Any amounts before marriage or after separation are considered separate property.
Can you get alimony in Alabama?
Alimony in Alabama. Alimony can be granted on a temporary or a permanent basis in Alabama. The amount and duration are based on the circumstances that are unique to each divorce. It must be demonstrated that one spouse has a financial need and that the other spouse has a financial ability to pay.
Is domestic violence bad for Alabama?
Domestic violence can be an ugly part of an Alabama marriage. If you are a victim, any divorce actions are secondary to the immediate safety of you or children who may be in immediate danger.
Does Alabama have health insurance for divorce?
Some divorce settlements in Alabama may include one spouse continuing to provide health insurance for the other spouse, especially when one spouse has been a home maker during the marriage.
Equitable Distribution and Asset Division
- Marital Property and Division of Assets
Alabama is an equitable distribution state. This means that in a divorce, courts will divide property in a fair and equitable manner. But equitable does not mean a 50-50 split. Before this happens, the determination must be made as to what constitutes marital property. Generally, most assets acc… - Debts
Debts in Alabama are treated just like assets in a divorce. This means that they will be divided fairly and equitably, although not necessarily on a 50/50 basis. Also, even if one spouse racked up the debt, if both spouses are on the agreement with the creditor, then contract law takes preced…
Alimony and Child Support
- Alimony in Alabama
Alimony can be granted on a temporary or a permanent basis in Alabama. The amount and duration are based on the circumstances that are unique to each divorce. It must be demonstrated that one spouse has a financial need and that the other spouse has a financial abi… - Child Support in Alabama
Like all other states, Alabama recognizes that both parents must provide for the well-being of any children, whether they are married or not. Alabama bases child supporton what is known as the “Income Shares Model.” This is based on the concept that a child should receive the same ratio …
Child Custody and Visitation
- Child Custody in Alabama
Just as it is all other states, custody and visitation issues in Alabama are driven by what is in the best interests of children in a divorce. Each custody case is different and as such, each of the following factors may be weighted differently depending on the particular facts of a case: 1. Th… - Substance Abuse
Substance abuse can be cited as a fault-based ground for divorce in Alabama. Although it is more difficult to prove than just citing irreconcilable differences in a no-fault divorce, some spouses who divorce in Alabama may choose to go this route because it can have a profound impact on …
Divorce Process
- Bifurcation of marital status
Bifurcation of marital status in Alabama means that both parties can legally divide their divorce into two stages. The first part satisfies the grounds for the divorce and the second part addresses the financial aspects of the divorcesuch as child custody, visitation, child support, alimony or oth… - Financial Disclosures
In Alabama, each spouse must disclose to the other the amount and type of assets they have so that there can be an equitable division of those assets as part of the final divorce decree. Accurate and complete disclosures are essential because they will also be used to determine th…
Other Divorce Issues
- Domestic Violence
Domestic violence can be an ugly part of an Alabama marriage. If you are a victim, any divorce actions are secondary to the immediate safety of you or children who may be in immediate danger. Domestic violence can include any kind of physical abuse, emotional abuse, stalking, or … - Health Insurance
Some divorce settlements in Alabama may include one spouse continuing to provide health insurancefor the other spouse, especially when one spouse has been a home maker during the marriage. Overall, the vast majority of employers dictate that a spouse may no longer remain on …
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