Unlike fault-based divorces that require a spouse to show that some form of misconduct has led to the divorce, no-fault divorces can be granted when one or both parties can show that there has been “an irretrievable breakdown of the marriage and that further attempts at reconciliation are impractical or futile and not in the best interests of the parties of families” [Source: Ala. Code §30-2-1]. Although no-fault divorces may run smoother, they may not exactly be easier to get through. Here’s why.
Although it may not be difficult for a spouse “to convince the court that incompatibility exists sufficient to dissolve the marriage relationship,” according to the Alabama State Bar, there are still pressing issues that must be addressed given they apply. Some of these issues include:
- Child Custody
If a divorcing couple has children, child custody will need to be established. Now, if the divorce is uncontested, which means both parties have agreed to the divorce and have created a marital agreement that addresses this issue, then the court shall review it to ensure it is in the best interest of the child. If it is, the court will likely issue a custody order. In the event the divorce is contested, meaning the couple cannot come to an agreement on the issue even though they agreed to the divorce, the court may need to intervene so the matter can be settled.
- Child Support
Child support is another issue that will likely be addressed during the divorce proceedings. Once a custody order has been established, the court can then determine which parent should pay child support, how much of it, and how often.
Sometimes, the court may award alimony (i.e. spousal support) to one spouse which is expected to help them maintain their lifestyle after the divorce until they are able to get back on their feet. The court will decide how much alimony should be awarded and how often.
When a couple is able to agree on all the issues involved in the divorce, the process can run smoother, but, if the couple cites “irretrievable difference” but still cannot come to terms on certain matters, the process can be lengthy and more difficult.
Anytime one or both parties in a marriage decide they want to file for divorce, they should consult with an Alabama divorce lawyer before taking any steps on their own. Gathering the paperwork by itself can be a difficult task to complete, and therefore, is one of many reasons why individuals should consider retaining an Alabama divorce lawyer to assist them with the process. Hill, Gossett, Kemp & Hufford, P.C. is a divorce law firm with locations in Moody, Leeds, and Springville, AL that can assist with family law-related issues, including divorce.
Disclaimer: No representation is made that quality of legal services provided is greater than the quality of legal services provided by other attorneys.
Hill, Gossett, Kemp & Hufford, P.C. can be reached at:
2603 Moody Parkway, Suite 200
Moody, Alabama 35004
Phone: (205) 640-2000
7900 Parkway Drive
Leeds, AL 35094
Phone: (205) 699-5500
6441 U.S. Highway 11
Springville, Alabama 35146
Phone: (205) 467-2225