Alabama divorce procedures can be found in the Code of Alabama, Title 30. This section of Alabama statutes includes all necessary provisions relating to filing and pursuing a divorce in the state. Indeed, this section of the Code of Alabama contains the procedures for all types of family laws cases brought in the state's courts.
Establish Residency
The first phase in Alabama divorce procedures is establishing residency. The laws of the state require that specific residency requirements be satisfied in order to pursue a marriage resolution, according to Code of Alabama,Title 30. The primary requirement is that at least one of the spouses must be a resident of Alabama for at least six months before filing a divorce complaint. In addition, the divorce complaint must be filed in the circuit court of the county where at least one of the spouses resides.
Establish Grounds for Filing
Alabama law provides for no-fault and fault divorce. Each of these types of cases requires the allegation of specific grounds in the divorce complaint, according to DivorceSource.com. If you pursue a no-fault divorce, your divorce complaint must allege incompatibility that renders living together as husband and wife impossible or abandonment. A fault divorce requires alleging certain types of wrongdoing in the divorce complaint. Examples of wrongdoing sufficient to support divorce proceedings in Alabama include impotence, adultery, habitual drunkenness, or illicit drug use or domestic abuse.
Complaint for Divorce
In considering the procedures for divorce, the filing of a complaint is the formal step that commences the proceedings, according to Code of Alabama, Title 30. The complaint is filed in the circuit court in the county of residence of at least one of the spouses.
Preparation And Submission of Documents
In addition to the complaint for divorce, other essential documents included in Alabama divorce procedures include a schedule for visitation or parenting time with the minor children and a marital settlement agreement if the parties reach a voluntary settlement of the case. Other documents associated with Alabama divorce procedures are the affidavit of residence, affidavit regarding children and answer--the formal response to the complaint.
Settlement or Trial
Alabama divorce procedures can take one of two paths, according to Help Yourself Divorce. First, you can reach a settlement with your spouse. Ultimately, a settlement agreement is drafted and submitted to the judge for approval. Second, absent a settlement, the final phase of an Alabama divorce case is a trial. A divorce trial in Alabama is held before the judge without a jury. At the conclusion of the trial, the judge makes decisions regarding all pending issues in the divorce case.
Divorce Decree
In Alabama, the divorce decree adopts the settlement agreement of the spouses or contains the specific orders of the judge following a trial. The divorce decree contains the final determination of all matters at issue in the proceedings.
Expert Assistance
Alabama divorce proceedings can be complex. Therefore, if you face an Alabama divorce case, consider retaining an attorney. The Alabama State Bar maintains a directory of attorneys in different practice areas, including divorce lawyers. Contact the organization at:
Alabama State Bar
415 Dexter Ave.
Montgomery, AL 36104
334-269-1515
alabar.org
