Filing for divorce is a complex legal process that involves making significant decisions that can affect your finances and future. Our family law firm helps clients understand how to file for divorce in Alabama. We can guide you through the family court system, seeking to avoid unnecessary challenges and conflicts.
Understanding Divorce Laws in Alabama
Divorce proceedings begin when one spouse (the plaintiff) files a complaint for divorce against the other spouse (the defendant). But before filing, there are several important things to know about Alabama divorce laws.
Residency Requirements
At least one spouse must be an Alabama resident to file for divorce in the state. If the plaintiff lives in Alabama and the defendant does not, the plaintiff must have been a resident of the state for at least six months before filing.
Mandatory Waiting Periods
Once you file for divorce, Alabama law sets a mandatory 30-day waiting period before a judge will issue a final divorce decree.
Acceptable Grounds for Divorce
You can file for a no-fault divorce in Alabama. No-fault divorces blame neither party but base the need for divorce on incompatibility or an irretrievable breakdown of the marriage. Plaintiffs can also opt to file a fault-based divorce on grounds such as:
- Adultery
- Abandonment for at least a year before the divorce was filed
- Imprisonment for two years with at least a seven-year sentence
- Drug or alcohol addiction
- At least five years’ confinement in a mental institution for incurable insanity
- Violent behavior or a reasonable fear of violence
- Sexual deviancy
- Wife has lived in Alabama separately and without support from the husband for the two years before the divorce filing
- Certain conditions at the time of the marriage, such as a wife’s pregnancy by another person without the husband’s knowledge or impotence
No-fault divorces are typically simpler than fault-based ones, as it isn’t necessary to prove that the other spouse meets one of the fault-based grounds for divorce.
Choosing the Right Type of Divorce: Contested vs. Uncontested
When filing, you will also need to choose between a contested or uncontested divorce:
- Uncontested – Both parties agree to all terms of the divorce, including the division of property, alimony, child custody, and child support. This type of divorce involves completing and filing the appropriate documents directly with the court.
- Contested – The parties do not agree on divorce issues and must resolve them through negotiations, mediation, or a trial before a judge.
An uncontested divorce is usually relatively amicable and can be less expensive and time-consuming than a contested divorce. However, with an uncontested divorce, it is possible to overlook or inadequately resolve issues that could become problems down the road.
Determining Where to File
Divorce complaints must be filed in the appropriate Alabama circuit court. The options are the circuit court for the county where:
- The defendant lives
- The couple lived when they separated
- The plaintiff lives, if the defendant doesn’t live in Alabama
For Huntsville, the appropriate court to file for divorce is the Twenty-Third Judicial Circuit Court of Alabama, serving Madison County.
Filing for Divorce
When you are ready, you can begin the process of filing the complaint for divorce. You can find the specific forms you’ll need to file at the local Clerk of Court’s office or through an Alabama divorce attorney.
Serving Your Spouse with Divorce Papers
Once you file for divorce in Alabama, you must serve your spouse with divorce papers within 120 days. You cannot serve papers yourself. Someone who is at least 19, not a party in the divorce, and not closely related to you must serve the papers for you. Your options to have the papers served include:
- Paying a fee to the sheriff’s office to have a law enforcement officer serve the papers
- Hiring and paying a private process server
- Sending the papers by certified U.S. mail with a return receipt requested and filing an Affidavit of Certified Mailing of Process and Complaint
- Getting your spouse to sign a waiver of service
If you cannot locate your spouse to have them served, you can ask the court to waive this requirement and fulfill it by publishing a notice in the local newspaper.
Spouse’s Response and Possible Counterclaims
In a contested divorce, your spouse has 30 days to respond to a complaint. If they fail to respond within the allotted time, the court can grant you a default divorce.
If your spouse responds, their response will likely include a counterclaim outlining their own reasons for wanting a divorce and the terms they seek. The court will set a date for a divorce trial, but you and your spouse will have the opportunity to settle issues through negotiations or mediation. If you cannot settle before your trial, the judge will determine the final terms of the divorce.
Our law firm’s divorce attorneys can represent you throughout negotiations and mediation and advocate for the most advantageous divorce settlement possible. We can also represent you during a divorce trial if necessary.
Finalizing the Divorce: What to Expect in Court
If you are seeking an uncontested divorce, you could have a divorce hearing as soon as 30 days after filing. Uncontested hearings are generally brief. The judge will review the documents you have filed, ensure that the terms are agreed upon by you and your spouse, and issue a final divorce decree.
With a contested divorce, it could take several months or more than a year for the divorce to be finalized. Parties may engage in negotiations through their lawyers or mediation. In some cases, a divorcing couple may have to attend several court appearances, culminating in a trial and a final divorce decree. A lawyer from our firm can help expedite the divorce process by assisting you in avoiding common mistakes, filing paperwork correctly and on time, and negotiating aggressively on your behalf.
Need Legal Help? Contact Leigh Daniel Family Law Today
Leigh Daniel Family Law is a team of compassionate and dedicated Huntsville family law attorneys. If you must file for divorce in Alabama, we are here to guide you through every stage of the process with personalized attention and more than 30 years of legal experience.
We understand that you are facing a major life change and a challenging time, and we want to empower you to focus on your future. Our care for our clients shows in our numerous positive testimonials, like the following:
“Leigh Daniel is what I always thought a divorce attorney should be – compassionate, kind, knowledgeable, and effective. I didn’t know they could also be inspiring! Leigh and her staff care enough to be all that and more.” – Jennifer Sutton
To find out more about how we can help you file for divorce in Alabama, contact us online or call our office today for a consultation with one of our Huntsville divorce lawyers.
