Mobile, AL- Divorce may be inevitable, but that doesn’t make the process any less complicated and charged with negative emotions. Much has to be done, and couples have some requirements they must meet, so our team of divorce lawyers would like to explain some of the basics of getting a divorce in Alabama.
If you want to get a divorce in the state of Alabama, you can choose to file for a fault divorce or a no-fault divorce. Depending on the reason for your divorce and how quickly you want your divorce finalized. You must live in Alabama for at least six months before you can file for divorce in the state, and once you’ve filed for divorce, you must wait at least three months before it can be finalized.
The majority of divorces in Alabama are no-fault divorces which essentially means both spouses agree they have “irreconcilable” differences and don’t plan on contesting the divorce. No-fault divorce is quicker than a fault divorce especially if a couple settles issues of financial support and child custody ahead of time.
A fault divorce is appropriate when one spouse doesn’t want a dissolution and refuses to sign the divorce papers or when one spouse alleges wrongdoing. Grounds for a fault divorce can include: adultery, bigamy, abandonment, felony conviction, sexual dysfunction and physical abuse.
Unlike other states, there are no separation requirements in Alabama, so couples don’t have to worry about living
apart before they file for divorce.
Alabama, like most states, is an equitable division state which means their property is usually divided between both spouses in as equitable manner as possible. Alabama divorce court looks at several factors when determining a couple’s assets should be divided. Those factors may include: the duration of the marriage, the value of the property to be divided and the finances of each spouse. Assets each spouse brings into the marriage will remain theirs unless a couple decides otherwise.
Divorce settlements in Alabama may include spousal support if it is necessary to maintain a spouse’s and their child’s standard of living, alimony if they are unable to work or support themselves. A divorce settlement is not affected whether a couple filed for a fault or no-fault divorce.
When it comes to child custody, Alabama looks at the best interest of the child before deciding on a child custody arrangement. Family court and a child custody lawyer can help a divorcing couple resolve these contentious issues and allow to come up with a satisfactory arrangement.
We’ve only covered a few of the basics of filing for a divorce in Alabama. If you need answers to more complicated questions, USAttorneys will connect you with a local attorney. They can help you resolve the more complicated issues you will face in your divorce. Call one of our accomplished attorneys today and set up a time to talk about your divorce and what steps you need to take.