Divorce is not an easy decision to make. Once you’ve made the decision to end your marriage, one of the crucial steps is serving divorce papers to your spouse. In Alabama, specific laws and procedures govern the process of serving divorce papers.
Overview of the Divorce Process in Alabama
Before jumping into the process of serving divorce papers in Alabama, it is beneficial to understand the overall divorce procedure in the state.
Grounds for Divorce in Alabama
The state of Alabama recognizes both fault and no-fault divorce, which means either spouse may file for divorce without stating any specific grounds for the request. However, fault-based divorce requires proof of fault grounds, which may include adultery, abandonment, abuse, or drug addiction.
Residency Requirements
To file for divorce in Alabama, either spouse must meet the residency requirement, which requires the filing spouse to reside in Alabama for more than six months before filing for divorce in the state.
Property Division
Alabama is an equitable distribution state, meaning that the court will divide marital property fairly but not necessarily equally between the divorcing spouses. This means that property division may be complex, and hiring an experienced divorce attorney may be necessary.
Child Custody and Child Support
In Alabama, the court determines child custody and child support based on the best interests of the child. The court considers factors like each parent’s ability to provide a stable home, the child’s needs, and the child’s preference (if the child is old enough to express a preference).
Serving Divorce Papers in Alabama: Overview
Under Alabama laws, the process of serving divorce papers is known as "service of process." It is essential to follow Alabama’s service of process rules or risk invalidating the divorce case. The following are the general steps involved in serving divorce papers in Alabama.
Step 1: Prepare Divorce Papers
Before serving divorce papers, the filing spouse or their attorney prepares the petition for divorce, along with additional documents that include a summons and service of process forms.
Step 2: Choose the Right Method of Service
The filing spouse should choose the appropriate service of process method based on the circumstances of their case, such as whether the other spouse is willing to accept service or whether the filing spouse expects problems serving the papers.
Step 3: Serve the Papers
Once a method of service is decided, the filing spouse or their attorney will have a third party deliver the papers to the other spouse. The person serving the papers must complete an affidavit of service, verifying that the spouse has been served.
Step 4: Waiting Period
After the spouse is served, a waiting period of 30 days begins before the divorce hearing takes place. During this time, the other spouse has an opportunity to respond to the divorce petition.
Step 5: Divorce Hearing
If there is no response, the divorce hearing will take place, and the judge will rule on the case based on the information presented by the filing spouse. If the other spouse responds, they will have the opportunity to dispute the claims of the filing spouse during the divorce trial.
Methods of Serving Divorce Papers in Alabama
Alabama provides several methods of serving divorce papers to the other spouse. The most common methods include:
Personal Service
Personal service means having someone other than the filing spouse deliver the divorce papers to the other spouse. If the other spouse accepts the papers voluntarily, they will sign a document indicating that they have received the papers.
Certified Mail, Return Receipt Requested
Another option is sending the divorce papers via certified mail with a return receipt requested. If the recipient signs the return receipt, it is evidence that they received the papers.
Publication
If the filing spouse cannot locate the other spouse, or the other spouse refuses to accept the papers, the court may allow service by publication. Service by publication means posting a notice of the divorce filing in a newspaper in the area where the other spouse was last known to reside.
Conclusion
Serving divorce papers in Alabama requires following the state’s legal requirements to the letter. It is advisable to seek the guidance of an experienced Alabama divorce attorney to avoid missteps during the divorce process. Following Alabama’s divorce laws and procedures can help you obtain a favorable divorce judgment and move on to a new chapter of your life.