Alabama Divorce Lawyers
Marriage is an amazing experience, and one that is rich with many rewards over the years. It is also a very challenging dynamic between two people, though, and can leave people feeling sad, frustrated, angry, and a long list of other emotions. While some couples are able to collaborate and work together to resolve differences, for others, separation is best.
At the office of Kirk Drennan Law, our experienced divorce lawyers in Alabama are here to help you if your marriage has come to an end. To learn more about our legal services and how we can help you when you need it most, please call us today.
Grounds for Divorce in Alabama
If you’re ready to separate from your spouse, one of the first things you need to think about are the grounds for divorce in our state. As found in the Code of Alabama Section 30-2-1, the grounds for divorce in Alabama are as follows:
- Abandonment for at least one year
- Imprisonment for at least two years, with a sentence of seven years or longer
- Sexual “crime against nature”
- Habitual drunkenness or drug addiction
- Incarceration in a mental hospital for a period of at least five years
- Pregnancy at the time of the marriage without the other party’s knowledge or agency
- Violence or apprehension of violence
- Living separate and apart for at least two years
In addition to the above fault-based grounds, there are also two no-fault grounds recognized by the statute:
- First, the court may grant a divorce to either party when either party alleges that there is such a “complete incompatibility of temperament” that the parties can no longer live together; or
- When the court finds that there has been an “irretrievable breakdown of the marriage” and that reconciliation is futile.
Most people who are seeking divorce in Alabama do so based on no-fault grounds. If you have cause to pursue a fault-based divorce, please consult with our law firm. We can help you to understand when filing for a fault-based divorce makes sense.
Residency Requirements for Divorce
Another thing to think about before you file for a divorce in our state are the residency requirements. In Alabama, either you or your spouse must have resided in the state for a minimum of six months prior to file. So long as either one of you meets this requirement, your filing can proceed.
The Divorce Process
If you’re thinking about getting a divorce, it is important that you understand the divorce process. Here’s a brief overview of what you should know–note that things may differ slightly based on your individual situation.
- Establish residency requirements and identify your grounds for filing.
- Prepare your filing documents.
- File your complaint–in filing your complaint, you will need to establish the grounds for divorce and state your terms related to the many issues that must be resolved before a divorce can be granted (discussed in further detail below). Your complaint will then need to be served to your spouse.
- Await a response–your spouse will have 30 days from the day that they are served to respond to your complaint. If more than 30 days pass, you may have grounds to pursue a default divorce.
- Contested vs. uncontested divorce–if the divorce is contested, this means that your spouse is in disagreement about your proposed terms. The divorce will proceed as a contested divorce, which will require mediation and, if mediation fails, then litigation. If the divorce is uncontested, then it can proceed and be finalized by a family law judge.
Typically, before negotiations ensue, a discovery process will take place where you and your spouse exchange information about your finances and any other evidence that may impact the outcome of your case. Talk to your attorney to learn more about the discovery process.
Issues to Resolve in a Divorce
Before your divorce can be resolved, you and your spouse will need to come to an agreement about the terms of your divorce; otherwise, litigation will be necessary. Key things you’ll need to reach an agreement on before your divorce can be finalized include:
- Division of property. All divorcing couples will need to come to an agreement about how their assets and debts are to be split. In Alabama, assets are to be divided in a manner that is equitable, but not necessarily equal.
- Alimony/spousal support. If you and your spouse do not make an equal or close-to-equal amount of income, then one of you may have been dependent on the other throughout the course of the marriage. This is especially true for stay-at-home parents. When one spouse will not be able to provide for their needs and support their same quality of life without the income of the other spouse, alimony–also known as spousal maintenance/support–may be part of the divorce settlement.
- Child custody and support. Finally, for couples who have children, it will be essential to determine where shared children will live, what the visiting rights of the other parent will be, who will have decision-making power pertaining to things that affect the children’s lives, and more. Additionally, the non-custodial parent will also be ordered by the court to make child support payments.
How Our Alabama Divorce Lawyers Can Help
Going through a divorce can be a long, grueling process, especially when the divorce is hotly contested, and compromise seems impossible. Whether your divorce is easy and straightforward or complicated and complex, our experienced Alabama divorce lawyers can help. From filing your paperwork to representing you during negotiations to advocating for you in the courtroom, we can do it all. We know how much is on the line, and we will aggressively fight for your best interests.
To learn more about our Alabama divorce law firm and the lawyers at the office of Kirk Drennan Law, please call our office directly or send us a message telling us more about how we can serve you. Our firm is open Monday through Friday, and you can reach us at (205) 803-3500 to get started.