Divorce

The divorce process begins with the filing of a complaint, which states the reason why the filing party (known as the plaintiff) wishes to end the marriage. If you live in Huntsville, you would file your complaint with the clerk of the Madison County Circuit Court.

If you are not citing incompatibility or the irretrievable breakdown of the marriage, you will need to present evidence that one of the following grounds for divorce has occurred:

• Voluntary abandonment for a period of one year
• Living separate and apart for a period of at least two years
• Adultery
• Domestic violence
• Being addicted to habitual drunkenness or habitual use of morphine, opium, cocaine, or another drug after the marriage
• Imprisonment for two years with a sentence of at least seven years
• Commission of a crime against nature either before or after marriage
• Hopeless and incurable insanity with confinement in a mental hospital for a period of five years
• Physical and incurable incapacitation at the time of marriage
• Pregnancy at the time of marriage, with the spouse not being the father

No, once one party files for divorce, the court can grant the divorce with or without the agreement of the other spouse.

Once the other spouse is served with the complaint, Alabama law requires an answer to that complaint to be filed within 30 days. The responding spouse may affirm or deny any allegations made in the complaint and could raise different issues in the response. If the other spouse fails to respond to the divorce complaint, the court may issue a default divorce.

An uncontested divorce is one where the parties have reached an agreement on all issues related to their divorce. This includes child custody, visitation, child support, alimony, division of assets, division of debts, and payments for the preparation and filing of the divorce documents.

Typically in this situation, one party will hire an Alabama divorce attorney to draft the documents necessary to file the divorce. The other party should, but does not always, hire an attorney to represent him or her to make sure the agreement is fair.

Once all the documents are signed and filed, the documents must sit in the clerk’s office or judge’s office for a minimum of 30 days. This is called a “cooling-off period.” Once this period has expired, the judge can sign the Final Decree of Divorce. With the current caseload being experienced in our family courts, it typically takes 31 to 60 days for a divorce decree to be signed.

LEARN MORE ABOUT UNCONTESTED DIVORCE

In contrast to an uncontested divorce, a contested divorce is one in which the parties cannot immediately reach an agreement regarding the terms of the divorce. This does not mean that an agreement will not be reached at some point, but initially, the parties cannot agree.

One party files a Complaint for Divorce and has the other party served to start the process. In the meantime, the court may enter a Standing Pendente Lite Order, which outlines the rights and responsibilities of both parties during the time the case is pending.

LEARN MORE ABOUT CONTESTED DIVORCE

Whether you agree on every issue at first or not, you and your spouse should work toward a marital settlement agreement. Our Huntsville divorce lawyers will help you negotiate important matters such as:

• Division of marital property
• Children custody and visitation schedules
• Child support
• Alimony, also known as spousal support

All of these tend to be emotionally charged topics, and our experienced Alabama divorce attorneys can help you negotiate the details through mediation and work toward a satisfactory settlement agreement. If you are not able to reach an agreement, you will be leaving extremely important, life-changing decisions in the hands of a stranger (the judge).

Sometimes, settlement negotiations prove futile, and it becomes necessary to present each issue to a judge. If this happens in your case, our skilled Huntsville divorce attorneys will be meticulously prepared to take your case to court. We will argue aggressively to protect the best interests of you and your children.

Each divorce presents its own unique set of facts and circumstances that can affect the amount of time it takes to resolve each issue. A relatively short marriage with modest marital property and no children will settle much more quickly than a 30-year marriage with children and sizable marital assets.

Here are some of the factors that will affect how long your divorce will take:

• If one party to the divorce is not a resident of Alabama, the filing party must be a resident of Alabama for at least six months prior to filing for divorce. (If both parties are residents of the state of Alabama, a divorce can be filed at any time.)
• Once the complaint is filed, Alabama law requires a minimum 30-day waiting period before a divorce is granted.
• If the other spouse files an answer to the complaint raising allegations of marital misconduct, the process could take significantly longer.
• The parties must try to agree to the terms of child support, child custody, visitation, the division of marital property, and alimony. Reaching such an agreement may be tedious, and a judge may order mediation if the parties cannot agree.

Divorce can be time-consuming, emotionally exhausting, and financially draining. Appeals and modifications can take even longer. At New Beginnings, our Huntsville divorce attorneys can help you make the best of a difficult situation by offering sound advice and wise counsel. Contact Us today to schedule a consultation.

We charge a flat fee of $$$ to handle an uncontested divorce.

However, it is very difficult to determine what the final cost of a contested divorce will be. Situations with children or having a spouse involved in the military may require more time to settle. We do our very best to keep your costs low by relying on the strengths of our staff members in drafting necessary documents and communicating information with our clients. We also use the latest technology to work as efficiently as possible and reduce costs.

In some cases, we may be able to demand that your spouse pay your attorney fees. Contact Us today to discuss payment options.