Filing For Divorce In Alabama

The following article will cover:

• Categories of divorce in Alabama: uncontested and contested.
• No-fault divorce and custody determination based on the best interest of the child in Alabama.
• Child support and alimony guidelines in Alabama, including the use of Rule 32 for calculating child support and the judge’s discretion in determining alimony.

How Do I File For Divorce In Alabama?

Divorce in Alabama is governed by State Statute Section 30-2-1 and falls into two categories: uncontested and contested divorce. Uncontested divorce occurs when both parties agree on all terms, while contested divorce involves disagreements that require a more complex and lengthy process.

What Are The Grounds For Divorce In Alabama?

Alabama recognizes no-fault divorce, meaning you do not need to provide proof or establish grounds for the divorce. You can simply cite irreconcilable differences or incompatibility of temperament to indicate that the marriage is over.

What Should I Do If My Spouse Serves Me With Divorce Papers In Alabama?

You have 30 days to respond to the divorce complaint. It is recommended that you consult a lawyer to navigate the complex marital laws and negotiate on your behalf to avoid being taken advantage of during this challenging time.

Is There A Waiting Period For Divorce In Alabama?

For uncontested divorce, there is a 30-day waiting period before the judge can issue a decree. However, due to factors like the pandemic and caseloads, it may take between 30 and 90 days to receive the final decree.

How Quickly Can I Get Divorced In Alabama?

Uncontested divorces can be filed immediately and typically take between 30 and 90 days. Contested divorces, however, can take anywhere from six months to several years, depending on the specific case.

How Is Custody Decided When Parents Are Not Married Or Are Divorcing In Alabama?

Custody is determined based on the best interest of the child. In both divorce and non-marriage cases, the judge will decide who is the better custodian for the child, ideally after the parents have come to an agreement.

Who Pays For Child Support In Alabama?

The non-custodial parent, typically the one who does not have physical custody of the child, is responsible for paying child support.

How Is Child Support Calculated In Alabama?

Child support is calculated using Rule 32, a formula based on the incomes of both parents, daycare or educational expenses, medical insurance expenses, and other child support payments. The calculation is determined using a table.

How Are Property And Other Assets Divided In A Divorce?

Generally, property and assets are divided 50-50, but extenuating circumstances can be negotiated or presented to the judge for a different division. The judge has the ultimate authority to decide how assets are divided.

Will I Have To Pay Alimony Or Spousal Support To My Ex In Alabama?

Alimony depends on the specific circumstances of the marriage. The goal is to maintain the standard of living experienced during the marriage. The judge considers the length of the marriage and may award partial or periodic alimony after 10 years, or permanent alimony after 20 years. However, these are guidelines, and the judge has the discretion to determine what is fair. For more information on the Process Of Filing For Divorce In Alabama, an initial consultation is your next best step.