As Huntsville divorce attorneys with years of experience representing divorce clients, we recognize that divorce is complicated, exhausting, and emotionally painful for the people involved. Though divorce can be the best option for a new start, most people prefer to go through the process quickly with as little difficulty as possible. It can be very difficult to divide assets, determine child support, and agree upon child custody, and a person going through a divorce needs help to do all of this properly.
In Alabama, you have several options to end a marriage. Alabama state law provides options for both no-fault, in which neither spouse is required to prove wrongdoing on the part of the other spouse, and traditional divorce, in which one spouse files a complaint against the other.
No-fault divorce is the most common method of divorce as it is often difficult to prove wrongdoing in the other spouse. The grounds for divorce that are considered no-fault are incompatibility and irretrievable breakdown of the marriage.
Grounds for a traditional divorce include adultery, abandonment of one spouse lasting at least one year, imprisonment of one spouse for at least seven years, addiction to drugs or alcohol after the marriage began, incurable mental illness, and violence committed by one spouse toward the other.
To file for divorce in Alabama, the spouse must have lived in the state for at least 6 months before filing. The complaint then needs to be filed in the appropriate county. There is a 30-day waiting period between the filing of the divorce and the final judgment of divorce. Divorce is treated as a civil action, with a judge overseeing the proceedings. This judge will determine child custody, child support, alimony, and property division (if the spouses are unable to come to an agreement) based upon the information that is given by each party.
In Alabama, property is divided is fairly as possible between divorcing spouses. Each spouse will typically keep the property and assets that they brought with them into the marriage, while the property that they acquired together during the marriage is split between them.
There is a 60-day waiting period after the final judgment of divorce is granted during which neither spouse is permitted to re-marry; the only exception to this rule is that the spouses are allowed to re-marry each other. This waiting period can be appealed; during the appeal, neither spouse is allowed to marry.
Divorce resource pages:
- How to Start the Divorce Process
- How to Tell Your Kids About Divorce
- Child Custody
- Child Support
- Divorce & Retirement Funds
- Uncontested Divorce
- Marital Contracts: Pre & Post Nuptial
Our attorneys are here to guide you through the divorce process with as little difficulty as possible. We provide considerate, knowledgeable support and representation to give you the best outcome possible for your divorce.
If you or a loved one are considering a divorce, contact a Huntsville divorce attorney at Martinson & Beason, P.C.