If you have tried everything to save your marriage with no success, possibly it’s time to move on. Filing for divorce in Birmingham doesn’t have to be complex, but there are legal aspects that need attention and evaluation. It often happens that people assume they understand everything about divorce laws and can proceed alone. Unfortunately, that could be a mistake, considering the legal intricacies are unique for each case. Reputed firms like The Harris Firm, LLC, have competent lawyers who can help you deal with your situation better. In this post, we are discussing some of the most critical Alabama laws.
Determining the ground for divorces
Like many states, Alabama allows divorce on fault and no-fault grounds. If you don’t have reasons to blame your spouse, a no-fault divorce is the best option, where you can state that the marriage has failed. Fault grounds include adultery, abandonment, cruelty, addiction to drugs or alcohol, incurable insanity, and committing an act of violence. Most divorces in the state are no-fault divorces.
Contested vs. Uncontested divorces
A contested divorce is likely when spouses are in a serious fight over major issues, such as child custody, alimony, distribution of assets, and parenting plans. Contested divorces end up being expensive and continue for a significantly longer time. However, if you and your spouse are okay with settling things amicably, you can have a separation agreement, which the court will check and approve.
Waiting period & residency requirements in Alabama
You have to wait for at least 30 days from the date of filing for divorce to get your decree in Alabama. However, most divorces continue for a longer time for various reasons, including the burden on the court. Uncontested divorces usually are settled sooner, but it is imperative to have the documentation right. As for the residency requirements, either or both the spouses should be living in Alabama for at least six months before filing the papers.
Alimony in Alabama
Spousal support in Alabama could be rehabilitative or periodic. Rehabilitative alimony is given to the less fortunate spouse for a limited period so that they can get to a point where they can support themselves. Periodic alimony is usually reserved for longer marriages, and if you have been married for two decades or more, you can continue to get alimony. The court will usually consider the current financial status of both parties, the ages, the length of the marriage, and the spouse’s standard of living.
Distribution of assets
Alabama laws allow for equitable distribution of marital assets, which means the assets are divided fairly between spouses. Factors like the contributions of the spouses, including non-financial contributions, and other details are considered for the distribution of assets. If you and your spouse can discuss and agree to an arrangement for the division of assets and properties, you can have an uncontested divorce with a separation agreement.
Do you need an attorney in Birmingham?
Yes, hiring an attorney for your divorce is always advantageous, although you don’t legally require that. Top attorneys have handled numerous cases, understand the complexities of various issues, and can advise you accordingly. Whether you want to consider a contested divorce in court or wish to negotiate during a collaborative divorce, your lawyer remains the most critical asset. Lawyers can also help you see the larger picture and offer insights on what might be the best way forward.
As for the cost of hiring a divorce lawyer in Birmingham, it all depends on the nature of your case. In an uncontested divorce, your lawyer may agree to work on a flat fee, while in other situations, they may take an hourly rate. You can always get a ballpark in advance.