Divorce in Alabama
The legal dissolution of a marriage is painful, even if you and your soon-to-be ex-spouse are separating amicably and consider your “divorce uncontested.”
It’s especially stressful when there are children involved or you have financial concerns over making ends meet, or both.
Typically, one or more of the following issues must be addressed:
- Custody of children
- Payment of child support
- Distribution of marital assets and debt
- Alimony obligations, also known as “spousal support”
Divorce is Emotional
Even if you plan to settle out of court, divorce is a challenging process.
As you work through your possessions and deal with tough decisions affecting your children’s future, your divorce is going to be emotional.
Divorce can also be an intimidating legal process.
“Divorce from Bonds of Matrimony”
The above title comes from the Alabama Code Title 30, Section 30-2-1, with additional sections named:
Grounds; jurisdiction for proceedings; divorce judgment awarded to both parties… Where complaint to be filed… Residency requirement for plaintiff…
Choosing to Divorce is a Difficult Decision
No matter what the circumstances, divorcing a spouse is often one of the most difficult decisions you’ll ever make.
With The KJ Law Firm, you’ll have a professional on your side who will help you through each step of the divorce process.
We also offer divorce mediation services if you’re in need of a neutral mediator to help you resolve your disputes out of court.
Our Divorce Lawyer
Kristine Jones, our divorce attorney, experienced the difficult issues related to divorce first-hand through close family members.
As a family lawyer in good standing with The Alabama State Bar (ASB), she can advise you on what Alabama recognizes as shared and as separate property so you and your soon-to-be ex-spouse can determine how to divide your assets.
Divorce Law-related Services
Divorce Law Service Area
Kristine practices divorce law throughout the state, including the following cities and nearby communities.
- Area Served
- Montgomery AL
- Birmingham AL
- Auburn AL
- Prattville AL
- Wetumpka AL
- Troy AL
How to File for Divorce
Divorcing someone is more than just legally ending your recognized relationship with them – it’s ending years of emotional involvement.
Alabama Divorce Laws
In many cases, we see that our clients are doing more than just working out how to divide their assets. Often, they’re still working out their emotions. We know this is a hard time.
As an experienced divorce attorney, Kristine and her staff here at The KJ Law Firm will handle as much of the legal side of divorce as possible so you can focus on yourself.
Getting a divorce in Alabama typically requires a number of things and follows a similar path.
You and your spouse had to have lived in Alabama for at least six months before filing.
Contested vs. Uncontested
If either you or your spouse is contesting how the property is being split, you have a few options:
- File your Complaint for Divorce in the county your spouse lives in.
- File your divorce papers in the county the two of you lived in before you separated.
- If your spouse has moved out of Alabama, you file in the county you live in.
On the other hand, you and your spouse might decide to divorce on amicable terms.
This means you’re in agreement about how your marital assets will be divided, custody of any children, visitation rights, and other issues affecting your family.
You can file it in any Alabama county if you aren’t going to contest the divorce.
Finalizing Your Divorce
There is a 30-day waiting period between filing for divorce and when your divorce can become finalized.
It can take longer than that if you and your spouse have a large number of assets to divide.
What Are Grounds for Divorce?
Reasons for Divorce Vary
Alabama recognizes twelve different statutory grounds for filing for divorce.
Two are considered no-fault and are the most common reasons for divorce. The other ten require finding fault, which means you will need to show that your spouse did something to cause the marriage to break down.
Kristine will talk to you about your marriage and the reason why you’re filing for divorce in order to determine which grounds to cite in your paperwork.
How Will Property Be Divided?
If you decide to divorce, marital assets must be divided in accordance with Alabama law.
Divorce Property Settlements
Alabama follows the equitable distribution model.
Your assets and any liabilities (i.e., joint credit card debt) will be divided in a way that’s fair to both parties.
This doesn’t necessarily mean everything is split in half. This is where divorce lawyers really come into play.
Kristine will illustrate what you brought into the marriage and what work you put in so that you receive what you’re owed.
Related Post: Divorce Settlements
Divorce Rate in Alabama
In Alabama, the good news is the rate of divorce has steadily declined over the past 16+ years.
Unfortunately, as of 2016 Alabama had the 10th highest divorce rate by state in the country. Source: National Center for Health Statistics
Image Credit: Statista
Whether you live in Alabama or elsewhere, The KJ Law Firm sincerely hopes you and your family never suffer the negative impacts often associated with divorce. In the event a divorce is inevitable, we’re here to help.
Need more information about the divorce process? The KJ Law Firm is here to help!
Divorce Services Contact Form
Let us know about the divorce issues you’re currently dealing with. We’ll reach out shortly.