Question: How does uncontested divorce work in Alabama?

In Alabama, “uncontested divorce” essentially means that the spouses have agreed to divorce and separate their lives. In an uncontested divorce, one spouse files for divorce based on a no-fault ground (incompatibility or irreconcilable differences), and the other spouse agrees.

How long does a uncontested divorce take in Alabama?

An uncontested divorce usually takes about 6-10 weeks after everything has been signed by both spouses and filed with the court. A contested divorce can take anywhere from 30 days to months or years, depending on if there is a trial or not.

How much does an uncontested divorce cost in Alabama?

How much does an uncontested divorce typically cost? As of 2019, it costs a plaintiff $290 in filing fees for an uncontested divorce in Alabama. If there is a minor children in the marriage, that amount rises to $390. Each Alabama county also has a separate filing fee.

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How do I file for an uncontested divorce in Alabama?

Steps for an Uncontested Alabama Divorce

  1. Meet the Residency Requirements. …
  2. Prepare your Initial Divorce Papers. …
  3. Settlement Agreement. …
  4. File your Initial Divorce Papers at your County Court. …
  5. Serve your Spouse Divorce Papers. …
  6. Submit Proof of Service to the Court. …
  7. Complete Additional Divorce Forms.

Can you file your own divorce papers in Alabama?

File your papers with the county clerk. Give the clerk the original signed document and keep two photocopies for your files. Keep one copy for yourself, the other will be served to your spouse if necessary. Alabama requires you to serve your spouse with divorce petition papers.

Is Alabama A 50/50 Divorce?

Alabama does not follow a rigid 50/50 division of marital assets. … An uncontested divorce is where both spouses reach an agreement about things like dividing their assets before anything is ever filed with the courts.

Can you date while separated in Alabama?

In Alabama, it is not illegal to date while you are legally separated. … A legal separation does not terminate a marriage, so if you do decide to get married to someone else, you must file for divorce from each other first or you would be technically married to two people at the same time.

What is the fastest way to get a divorce in Alabama?

Uncontested divorces are also quicker. You don’t need to hire a lawyer to get an uncontested divorce in Alabama and you can represent yourself during the process. Spouses can try to handle everything themselves or use an online service that eases the process.

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What is an uncontested divorce in Alabama?

Alabama Uncontested Divorces

Uncontested divorces in Alabama are sometimes called no-fault divorces, and are generally the easiest way to get a simple and cheap divorce. It is where both spouses reach an agreement before anything is ever started in the courts.

Is Alabama a no-fault divorce state?

In Alabama, couples have the option to file for divorce using the state’s no-fault or fault-based procedure. A no-fault divorce is available in all 50 states because it is the most streamlined way to end a marriage.

Can you file for divorce online in Alabama?

Yes, you can file for divorce online in Alabama by registering as a pro se individual with AlaFile. Our Alabama Divorce & Family Law Divorce Portal provides you with all of the legal information, forms, and instructions you need to pursue a uncontested divorce yourself without incurring a divorce lawyers’ hourly fees.

What is considered abandonment in Alabama?

In Alabama, a continuous absence from the marriage “bed and board” is considered voluntary abandonment. This means that one spouse leaves without the intent of returning. This person has left their spouse and severed all ties and responsibility – including related financial obligations – without good reason.

Is Alabama an alimony state?

Permanent Alimony

Although the new law in Alabama limits alimony to 5 years, one exception is when a couple has been married for more than 20 years. In those cases, if a party can convince the court of a need for the support, the court can award permanent alimony.

What is the wife entitled to in a divorce in Alabama?

During an Alabama divorce, each spouse typically keeps his or her own separate property. Marital property, on the other hand, usually includes any assets that either spouse earned, generated, purchased or otherwise obtained during the marriage.

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Can you go to jail for adultery in Alabama?

Alabama Does Not Punish Adultery as a Crime

Accordingly, Alabama, like every other state, no longer punishes the crime of adultery. Regardless of whether you are cohabitating, separated, married, annulled, divorcing or divorced, you will not be arrested or criminally penalized for adultery.

Can you sue for adultery in Alabama?

Because adultery is still a criminal offense in the State of Alabama, a person may rightfully claim their Fifth Amendment rights not to be compelled to testify against themselves when asked questions as to their committing adultery.

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