Divorce in Alabama – What You Need To Know

Anyone can experience both heaven and hell while (s)he is still alive. Getting married to someone you love and adore is pure heavenly bliss. Facing a divorce request can be as hellish as you can think of. The emotional and mental stress, paperwork, and the high cost of trying to be free from matrimonial ties again can feel like facing the gates of hell. But then again, unfortunately for some, divorce is the only answer to their marital situation.

In order for you to be able to file for legal separation or divorce, you must be a legal resident of Alabama for at least 6 months before your filing date. Although the Alabama circuit courts apply the same procedures and fees for divorce and legal separations, grounds for filing differ.

A legal separation may be awarded if these grounds or reason are met.

1. The marriage is irretrievably broken (short of saying that the marriage cannot be fixed anymore even after counseling, because of trust issues, etc…)
2. Husband and wife are already incompatible (personalities, beliefs, opinions, etc…)
3. the husband or the wife wants to live separately
4. a court-approved child support plan and child custody agreement

A divorce on the other hand has 12 possible grounds including a “no-fault” ground in which the court does not give value as to who’s fault it is.

• physically incapable of fulfilling marital roles and responsibilities
• sexually cheating on your partner
• husband or wife is guilty of abandoning the other (and the kids) for at least 1 year before the filing date for divorce
• husband or wife is in jail for at least 2 years and the maximum jail term is 7 years
• committing a crime before, during, or after the marriage
• drug or alcohol addiction
• Husband and wife are already incompatible (personalities, beliefs, opinions, etc…)
• Husband or wife is clinically insane and is in a mental institution for at least 5 successive years and has no hope of being cured.
• The marriage is irretrievably broken (short of saying that the marriage cannot be fixed anymore even after counseling, because of trust issues, etc…)
• pregnancy of the wife during marriage without the knowledge of the husband
• domestic abuse
• wife is living on her own without support from the husband for at least 2 years before the filing date of divorce

There is a waiting period of 30 days after the filing date for a divorce decree to be given. But this is just the minimum. It can extend to almost a year should there be disagreements between husband and wife specially when it affects the best interest of the children (if there are). You are not allowed to remarry for the first 60 days of being divorced or as long as no final divorce decree is given.

As to the cost of facing a divorce in Alabama, it varies per county. It is usually between $150 and $350 as of this writing. It can go up as fees for serving the papers to the other spouse and temporary orders are placed. Payment of these charges may be delayed through the filing of a hardship affidavit. A good divorce lawyer to can make things faster and more organized for you.

The State of Alabama ranks 6th for highest divorce rate in the United States. 6 to 7 couples file for divorce at any given time in this southern state. What is scary is the fact that the divorce rate ranking almost as level as to the state’s poverty ranking. Does this mean that finding a cheap family lawyer is easier? Not necessarily so. No matter what state you’re in, divorce is costly. So if you are contemplating of filing a divorce of you are served with the divorce papers, better brace yourself for a long haul.

 

Divorce in Alabama