How Divorce works in Alabama 

A divorce in Alabama begins with the filing of a complaint, a lawsuit, against your spouse. The complaint sets out the reasons for the divorce. In order to get your divorce over as quickly as possible, it is very important that you discuss your situation with your attorney very truthfully. When you married your spouse, you obtained a marriage license from the state. In order to legally end the marriage, and have the state recognize you as a single person again, divorce is necessary. The attorney is required to consult with you to make his own determination that your marriage has failed and cannot be salvaged.  The attorney then begins his work to provide you with a practical plan to recover your life through divorce. The attorney will use all of his abilities to ease your way through the divorce process. Whether an Alabama divorce is easy or hard has more to do with the parties and their attorneys than the legal system. 

Reasons for divorce in Alabama 

Marriages end for many many reasons. Cruelty and abuse are the most common reasons for a divorce. Sometimes a husband and wife just grow apart over time, and come to a point where neither can be happy in the presence of the other; this is when we say that the parties, the husband and wife, have irreconcilable differences. Parties come to understand that they have irreconcilable differences after they attempt to work out their problems, but even with them both giving it their best effort, they just can't. 

Alabama Custody and Child Support 

If the parties have children, there is a special importance that comes to handling a divorce properly. The parties must agree on a plan for custody and child support, or the judge will have to determine one that can be court ordered. Custody and child support are an area in which the services of an experienced divorce attorney are invaluable. 

Divorce and Property Settlement 

Sometimes the parties have built up considerable property during their marriage. Property isn't just real estate, and can also include stocks, bonds, retirement accounts and other financial holdings. Sometimes one of the parties has a business that they own that has to be divided between the parties, both of which worked to make the business a success. 

How long does a divorce take in Alabama? 

From the time your divorce complaint is filed with the court, Alabama has a mandatory thirty (30) day waiting period before your divorce can be granted by the judge. This means that even if you and your spouse have agreed to your divorce, it takes at least thirty (30) days to get divorced in Alabama. The judge in your divorce will also require that you satisfy him or her that your divorce is necessary. This is another way in which an attorney is essential in the Alabama divorce process. Your attorney generally will have worked with each of the judges many times and will understand the way that each judge looks at divorce. In uncontested divorces, it usually takes three (3) to six (6) months from the filing of the divorce complaint to the entry of a Final Decree of Divorce by the Alabama judge. Every divorce is different, however, and some uncontested divorces may take slightly longer or move slightly faster through the process. 

What happens after I sign my Alabama divorce complaint? 

After you sign your Alabama divorce complaint, your attorney will file it with the clerk of the Domestic Relations Court. The clerk gives your complaint a case number and randomly assigns the case to a judge. The clerk sends a copy of your complaint to the constable or sheriff, who delivers it to your spouse and lets the court know it has been "served" on your spouse. Once served, your spouse has thirty (30) days to file a written answer to the complaint with the court clerk. 

What is a default divorce in Alabama? 

A default divorce can be entered by the Court clerk if your spouse takes more than thirty (30) days to answer your complaint for divorce. Shortly after the clerk enters the default, you can have a hearing before the judge to make your divorce final. It is not uncommon in Alabama for spouses to show up at the default hearing and beg the judge for a chance to answer the complaint, and it is not uncommon for the judge to give them one last chance to answer the complaint. While this does not speed your divorce along, it is usually in the parties' interests to insure that both parties have a chance to "say their say". The entire judicial system works, in part, on giving litigants, which include people seeking divorce, a chance to speak their piece. Once everyone has had their say, no one can complain that the judge didn't listen to their side of the story. This helps bring divorces to real closure between spouses. 

What is an uncontested divorce in Alabama? 

An uncontested divorce is one in which the parties execute a separation agreement either with, or very shortly after, the complaint for divorce is filed. A separation agreement is an agreement that resolves issues of the cause for divorce, alimony and support, child custody and child support, and property division between the parties. If the parties are represented by the same Alabama divorce lawyer, one of the parties will execute an acknowledgment of representation under which he or she states that the attorney can only represent the spouse in the proceeding and that the attorney has explained this and its ramifications to them. In addition, the unrepresented spouse also signs an Answer and Waiver, wherein they state their position as to the complaint, and give the court permission to move forward in prosecuting the complaint for divorce. 

What is a contested divorce? 

A contested divorce is any divorce where the parties, either at the time of filing or very shortly thereafter (by the time an answer is due), do not have a separation agreement in place. This usually, but not always, means that the answering spouse has one or more reasons they disagree with a divorce being entered under the terms suggested in the complaint. Practically any issue from the reason for divorce to the division of property can cause a spouse to contest the complaint for divorce. 

My spouse has contested my Alabama complaint for divorce. Now what? 

Once a divorce becomes contested, the parties usually engage one another in discovery. Discovery is a process used by the attorneys to expose the truth in the divorce, and includes Requests for Interrogatories, Requests for Production, Request for Admissions and Depositions. Interrogatories are written questions that must be answered. Requests for Production are written demands that certain documents, such as checking accounts, charge accounts and phone records, among other documents, be surrendered to the requesting party. Depositions are formal hearings in which all parties and their lawyers, along with a court reporter, ask questions and have the questions and answered transcribed for later use by the court. Depositions, while expensive, are invaluable in settling even the toughest divorces. 

Can I armor-plate my Alabama divorce settlement? 

If you have heard horror stories about Alabama divorce settlements being drawn back into court numerous times, for child custody modifications and child support increases, you do have options to limit these future problems. Using an Alabama Civil Law Notary, certain future disputes can be precluded or limited. New in Alabama, Civil Law Notaries execute agreements between parties to protect the parties from lawsuits by using language to preclude lawsuits. If you and your former spouse have reached a hard-fought agreement that needs to be protected, there is no substitute for executing the agreement before an Alabama Civil Law Notary. Agreements executed before CLN's can strictly limit or preclude future modification except in very limited circumstances. 

Still got questions about your Alabama divorce? 

If you still have unanswered questions about your Alabama divorce, call Attorney Freeman today, or use the Contact Us page at this website to ask your Alabama divorce questions. We try to answer questions quickly, and never charge clients for their initial consultation. We want to help you use the legal system to get control over your life and happiness. While a lawyer can never guarantee any result, we have a solid history of using our experience to serve our client's needs. 

How do I contact Attorney Freeman for his help with my Alabama divorce?

The easiest way to contact us is to call (205) 323-3030.