The state of Alabama divorce laws are quite flexible and a lot of factors depend on how partners communicate different issues and agree on specific terms. Alabama accepts both fault and no-fault grounds for divorce, which means that if you are able to agree on the matters of finances, maintenance, children, land and assets, you can save a lot of money and time in court, and this will avoid stress. Married couples often choose uncontested divorce and the reason for divorce is their incompatibility. When it comes to a contested divorce, the divorce laws for Alabama are more complicated. There are additional paperwork and extended waiting periods before the proceedings take place, and as a result, the finalization can take more than a year. That’s why opting for uncontested divorce is a very common solution.
Divorce laws in Alabama
Divorce laws in Alabama on adultery
Adultery is one of the grounds for divorce in Alabama. It influences the process only if the divorce is contested and the judge needs to manage property division for the couple. In terms of uncontested divorce, the only reason necessary is incompatibility, which means that your marriage cannot be restored. Alabama divorce law on infidelity can have a huge impact when the couple has disagreements on how to end the marriage. So, if your marriage is ending due to adultery but you want to proceed with uncontested divorce, adultery will not influence the Alabama divorce process until every aspect of the case is agreed upon within the couple.
Let’s take a closer look at the particulars of uncontested divorce law in Alabama.
Alabama divorce law states that a person is eligible for divorce if he/she has been an AL resident for the last six consecutive months. The person who files for divorce is responsible for paying the filing fee. The amount of the filing fee varies from county to county, though it rarely exceeds $300. You can choose where to file the documents. You can do it in your county if your spouse doesn’t live in AL, your spouse’s county or in the county where you both lived in your marriage.
You will file the Complaint document, asking court to terminate your relationship. The second step is to make sure you indicate all the issues you agreed upon with your ex in a document, proving that the divorce is uncontested and you’ve already decided on issues related to funds, property, kids, taxes, insurance and all the other questions. Make a few copies of this agreement and complaint, as well as all other documents. The type and amount of forms varies from case to case, as many details should be taken care of. If there are any additional forms that are requested by your county, the clerk should inform you. If you need any help with Alabama divorce procedures and forms for uncontested divorce, you might want to consider our services. We will help ease the process for you.
After you’ve filed for divorce in the circuit court, your partner has to receive the paperwork and sign for it. If you are on good terms together, you can save time and handle the paperwork yourself, but your spouse should sign the answer and waiver document. In other cases, you can use mail or a sheriff’s services to serve the paperwork.
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The divorce process in Alabama usually takes one month minimum after both spouses have signed the papers. According to divorce law, Alabama State might take longer than a month to process the papers depending on the current workload. Alabama State law on divorce indicates that the judge will review the forms, and if everything is correct, the divorce will be granted. Partners can marry someone else or remarry two months after the divorce came into effect.
According to the Alabama State laws on divorce, in order to get a common law divorce in Alabama, both partners must verify the fact that marriage existed. Residing under one roof is not considered to be marriage, and declaring you are divorced doesn’t mean it is legally granted. You need to provide shared financial statements, assets, tax returns, as well as witnesses like neighbors, family or friends. After the common law marriage is proven, the divorce can be granted, even if it is an uncontested one. Alabama laws on divorce for common law marriage are actually the same as with regular marriage, but there is an additional step of legally proving your marriage to the court.
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