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Do Both Parties Have to Agree to Divorce in Order for a Divorce to be Granted?

Do Both Parties Have to Agree to Divorce in Order for a Divorce to be Granted?

No, once a party files for divorce, the court may grant the divorce with or without agreement of the other spouse. Once the other spouse is served with the initial 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 their response. If the other spouse fails to respond to the divorce complaint, the court may issue a default judgment. A default judgment is an Order entered by a judge granting the initial filings requested by the Plaintiff. That could result in the Plaintiff receiving any and all requested relief in their Complaint.

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