An Overview of Divorce in Alabama
Marriage is a beautiful institution, but it is not always the case that it works for everyone. In situations where it is no longer viable to continue with the marriage, the next option becomes divorce. Divorce is the legal termination of a marriage. The process of divorce varies from state to state, and in this article, we are going to discuss the process of divorce in Alabama.
Grounds for Divorce in Alabama
In Alabama, there is both fault and no-fault divorce. Fault-based divorce is when one party blames the other for the failure of the marriage. No-fault divorce is when neither party is to blame; it is just an irretrievable breakdown of the marriage. The following are grounds for divorce in Alabama:
- Adultery
- Imprisonment
- Alcohol or drug abuse
- Abandonment for one year or more
- Incompatibility
- Domestic violence
The Filing Process
To initiate the divorce process in Alabama, an individual must file a complaint for divorce with the appropriate court. The court can be either the circuit court or the family court, depending on the specifics of the case. In the complaint, the individual must state the grounds for divorce and any other relevant matters, such as division of property, child custody, and spousal support.
After filing the complaint, the individual must serve a copy of the complaint on the other party. The spouse has 30 days to file a response. Failure to respond within the stated time frame could result in a default judgment.
Mediation
Before the divorce proceedings begin, the court could order the parties to participate in mediation. The purpose of mediation is to try and resolve any outstanding issues before the trial begins. If the parties can amicably resolve all issues, the court can grant an uncontested divorce.
The Trial
If the parties fail to agree on all outstanding issues, the case could proceed to trial. During the trial, each party presents their evidence and arguments to the court. The judge then determines the outcome of the divorce proceedings, including matters such as division of property and child custody.
Finalization of Divorce
Once the court makes a ruling, a divorce decree is prepared and signed by the judge. A divorce decree is a legal document that outlines the terms of the divorce settlement. The finalization of a divorce depends on the specific circumstances of the case, but it is generally permanent.
Conclusion
Divorce is a serious matter that can significantly affect the lives of the parties involved. It is essential to seek the guidance of an experienced divorce attorney when going through the process. An attorney can help with the filing process and represent you during the trial to ensure that your interests are protected.