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What Is The Process Of A Typical Divorce In Alabama?


In Alabama, the typical process of a divorce begins with the filing of the divorce complaint. After the divorce complaint is filed, it is necessary that your spouse is properly served with the summons and divorce complaint. Once your spouse is properly served, he or she then has thirty days in which to file an answer to the divorce complaint.

Is There A Benefit To Filing First For Divorce In Alabama?

There is a strategic reason for filing first, but not necessarily a benefit. By filing before your spouse, in the event your case proceeds to trial, you are able to present your case first. As the plaintiff, you are also allowed to present your witnesses first.

Can A Couple Use A Single Divorce Attorney To Cut Down On Expenses?

A couple can use a single divorce attorney to cut down on costs in the event of an “uncontested” divorce. For a divorce to be considered “uncontested,” the parties must be able to reach an agreement as to all pending issues such as custody, visitation, support, the division of assets, and the division of debt.

Is Mediation Ever Better Than A Court Process In A Divorce Situation?

Mediation can be a very beneficial tool in a divorce action because it allows the parties an opportunity to reach a mutually agreeable decision as to custody of children, division of debt, division of assets, etc. If your divorce case proceeds to trial, the Judge has the sole discretion as to the terms of the Final Judgment of divorce and one or both parties may not be satisfied with the Judge’s decision. If the parties are able to reach a compromise through mediation, they will have more control over how their life is going to play out for the next several years. This can be especially beneficial when there are children involved.

What Are The Reasons That Someone May Seek A Post-Divorce Modification?

If there has been a material change of circumstances as it relates to custody of children, then a parent may seek a post-divorce custody modification. For example, this may arise if the custodial parent begins abusing alcohol or drugs after a divorce has been finalized. The non-custodial parent may seek a change of custody through the Court on the grounds that the custodial parent is no longer fit to have custody of the children. Parties may also seek a post-divorce modification to modify the terms of the Final Judgment of Divorce in reference to alimony or child support. This type of modification typically occurs where a party has suffered a loss of income due to no fault of their own.

Are There Different Types Of Custody In Alabama?

In Alabama, there is legal custody and physical custody. Legal custody allows a parent to make vital decisions for the child, such as those relating to medical care, schooling, etc. Typically, parents will share legal custody of their children. Physical custody establishes a more permanent residence for the children and typically results in the custodial parent having the children in his or her custody a greater amount of time than the non-custodial parent. The non-custodial parent will typically be awarded a schedule of visitation with the children. However, there are circumstances where parents may share physical custody of their children with each parent having the children in his or her custody an equal amount of time.

Is There An Age Where A Child Can Decide Who They Want To Live With?

In some states, there is an age where a child can make the decision of who they want to live with. In Alabama, however, it is just one factor that the courts may consider. The courts are not obligated to make their decision based upon the child’s preference. Whether or not the Judge will take the child’s preference into consideration depends upon several factors including, but not limited to, the maturity of the child and the age of the child.

For more information on Process Of Typical Divorce In Alabama, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (205) 208-7734 today.

Tara L. Whitaker, Esq.

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(205) 208-7734

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