In the Alabama court system, the circuit courts have the exclusive jurisdiction, or power, to decide divorce cases. This is because the circuit courts are Alabama’s trial courts, and they are assigned to hear family law matters. Alabama’s circuit courts are divided into 41 separate judicial districts.
What is the divorce process in Alabama?
While divorce laws vary by state, here are the basic steps: First, you must meet the residency requirements of the state in which you wish to file. Second, you must have “grounds” (a legally acceptable reason) to end your marriage. Third, you must file divorce papers and have copies sent to your spouse.
How long does it take for a divorce to be finalized in Alabama?
It usually takes about 6-10 weeks for a judge to sign your divorce decree and for you to be officially divorced. It takes this long because the court’s cannot officially order you divorced until 30 days have passed from the time of the divorce being filed.
What is the fastest way to get a divorce in Alabama?
If you and your spouse are in complete agreement then you can get a fast divorce in Alabama. An uncontested divorce is usually the fastest way to get a divorce in Alabama. It is where both of you sign a settlement agreement concerning the marital issues and submit it to the Court.
How long do you have to respond to divorce papers in Alabama?
Your spouse has 30 days to respond to the complaint. This allows him or her time to hire a divorce attorney and respond to your claims fully.
Does it matter who files for divorce first in Alabama?
Failing to file first.
The spouse who files first in the divorce is the plaintiff. The other spouse is the defendant. Being the plaintiff has certain advantages. This spouse gets to start on the offense and set the initial tone of the divorce.
How do I get a divorce without going to court in Alabama?
Steps for an Uncontested Alabama Divorce
- Meet the Residency Requirements. …
- Prepare your Initial Divorce Papers. …
- Settlement Agreement. …
- File your Initial Divorce Papers at your County Court. …
- Serve your Spouse Divorce Papers. …
- Submit Proof of Service to the Court. …
- Complete Additional Divorce Forms.
Can you date while going through a divorce in Alabama?
Alabama divorce is covered in the the Code of Alabama under Title 30. While there is nothing illegal about dating during the divorce process, just because you can legally date during divorce proceedings does not mean you should, even if your spouse is.
Can you date while separated in Alabama?
In Alabama, it is not illegal to date while you are legally separated. … A legal separation does not terminate a marriage, so if you do decide to get married to someone else, you must file for divorce from each other first or you would be technically married to two people at the same time.
Do I have to go to court for uncontested divorce?
An uncontested divorce usually takes less time because there is no need for you or your spouse to go to court and argue the case. If you have minor children, finalizing the divorce this way would be ideal.
How much does divorce cost in Alabama?
In general, filing and completing a divorce in Alabama will cost around $200-$350. The average cost of filing for divorce in Alabama is usually around $215-230. If you have a contested divorce case in Huntsville, Alabama, the costs will be much steeper.
Who gets the house in a divorce in Alabama?
During an Alabama divorce, each spouse typically keeps his or her own separate property. Marital property, on the other hand, usually includes any assets that either spouse earned, generated, purchased or otherwise obtained during the marriage.
Can I get a divorce in Alabama without a lawyer?
You don’t need to hire a lawyer to get an uncontested divorce in Alabama and you can represent yourself during the process. … Even though there’s no court battle in an uncontested divorce, one or both spouses can hire attorneys to help them through the uncontested divorce.
What happens after divorce papers are signed?
Once the petitioner has completed the divorce papers it will be sent to the courts to be processed. Once this has happened the respondent will receive an acknowledgement of service form.
Which court hears divorce cases?
We are based at the Royal Courts of Justice in London and at various other locations across England and Wales. Hearings at the Royal Courts of Justice are usually heard by a High Court judge. Outside London, hearings are heard by a district judge.
What constitutes marital abandonment in Alabama?
In Alabama, a continuous absence from the marriage “bed and board” is considered voluntary abandonment. This means that one spouse leaves without the intent of returning. This person has left their spouse and severed all ties and responsibility – including related financial obligations – without good reason.