If you are a resident of the state of Alabama, or have lived in the state for a period of six months, you can file for divorce. Even if your spouse is not a resident of Alabama, you can still file for divorce in Alabama County by completing six months as a resident of the state. To be able to file a divorce in Alabama, you need to be aware of certain Divorce Guidelines to make the whole process easy for you.
Divorce Waiting Period
The state of Alabama has a waiting period of at least 30 days. The court will not grant a divorce before that after the filing of the divorce. Once you submit the Alabama Divorce Forms and Alabama Divorce Papers, the court may issue a final divorce once the waiting period is over.
Grounds for Divorce
Unlike other states, the state of Alabama allows couples to select either a no-fault or a fault divorce. The state of Alabama has grounds for No-Fault divorce. These include several of specific reasons such as adultery, impotence, alcohol or drug addiction, mental incapacity, prolonged imprisonment, sodomy or other unnatural sexual behaviour before or after marriage, if your spouse moved out of the house, if the wife was pregnant at the time of marriage without the husband’s knowledge or if the couple reach a mutual decision that they cannot live together.
The court can refuse a divorce if it finds out that you or your spouse committed adultery for the purpose of getting a divorce, or if they found out that your spouse was aware that you were committing adultery, but you still continued with your married relationship.
How to file for divorce?
To file a divorce, you will need to go to the Clerk of the Court and pay the divorce fee which varies between $150 and $250. You will also be required to submit all the documents necessary for filing the divorce, which will include the Complaint, Appearance Decree, Agreement, Statement and Certificate of Divorce. Before filing the papers, you will be required to have your spouse sign the Appearance, Consent and Waiver. The court will notify you of the date and time of the hearing. You will be required to attend the hearing where the judge will confirm with you that you wish for a divorce to be granted. Your spouse will be required to respond to the divorce within the time limit set by law, failing to do so will lead to divorce without a trial. However, if your spouse files a response, then there will be an actual trial before the judge. Depending on how long you have been married, the trial will include issues like child custody and visitation, child support, property settlement and alimony. The final decree will be mailed to you by court.
Make sure you are aware of the divorce laws in your state before filing for divorce to avoid further stress and confusion. A divorce is a stressful and expensive process, so any useful advice that comes your way will make life easy for you.
Author Bio
Richard Jacobs is a chief editor since early 2007, and he currently works for Dwiduidefenselaw.com.