In fact, a divorce could take anywhere from 30 days to a year or more to finalize. The following factors can have a major impact on the timeline of an Alabama divorce: Residency. In order to file for a divorce in Alabama, either the petitioner or the respondent must be a resident of the state.
How much is a divorce lawyer in Alabama?
How Much Do Divorce Lawyers Cost? A flat fee for a divorce can range from $1,500.00 to $5,000.00 and beyond for extremely complex cases. The benefit for a client is knowing that you won’t be charged any additional legal fees other than the flat fee.
What is the cheapest way to get a divorce in Alabama?
You have several options to dissolve the marriage legally. One of those options is an uncontested divorce. In Alabama, an uncontested divorce is the easiest, least expensive and least stressful of your divorce options.
What is the fastest way to get a divorce in Alabama?
To get a fast divorce in Alabama, you and your spouse are in complete agreement on all marital issues. An uncontested divorce is usually the fastest way to get a divorce in Alabama. It is where both of you sign a settlement agreement concerning the marital issues and submit it to the Court.
How long does a divorce take in Mobile Alabama?
How long does it take to get a divorce? 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.
Does the wife get half in a divorce in Alabama?
Alabama Marital Property Laws When you consider a divorce, you may think you will get 50 percent of everything or worry that your spouse will take half of everything. However, Alabama is not a community property state, which typically splits property 50/50 between divorcing spouses.
Who gets what in a divorce in Alabama?
Alabama is an equitable distribution state. This means that in a divorce, courts will divide property in a fair and equitable manner. But equitable does not mean a 50-50 split. Courts will use a number of factors to determine what is fair and equitable.
Is there a waiting period for divorce in Alabama?
Waiting Period for Alabama Divorce The waiting period to obtain a divorce in Alabama is very short – just 30 days. Of course, the vast majority of divorce cases are not resolved in this time because there are often complicated issues or disputes that need settled, and that often means the process will take longer.
Does it matter who files for divorce first in Alabama?
The spouse who files first in the divorce is the plaintiff. The other spouse is the defendant. Being the plaintiff has certain advantages. This spouse gets to start on the offense and set the initial tone of the divorce.
Who gets the house in a divorce in Alabama?
Alabama courts always prefer that the spouses decide amongst themselves who gets the house and all marital assets. Courts will only step in and make a decision if the couple is not able to arrive at one themselves or with the help of their lawyers.
Can you get a divorce without going to court?
It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.
Can you get a divorce without the other person signing in Alabama?
You can, in most cases, still get a divorce even if the other spouse is not ready. A divorce that is filed without an agreement is called a contested divorce in Alabama. The first thing you need in filing for any type of divorce is grounds. In Alabama, you can file for divorce without fault attributed to either spouse.
How long do you have to be married to get alimony Alabama?
Although the new rules in Alabama limit 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 support, the court can grant permanent alimony as stated above.
Do I need an attorney to file for divorce in Alabama?
Many couples find that they can navigate the uncontested divorce process without hiring lawyers. Also, with an uncontested divorce, you may be able to use a service to file for divorce online.
What are the rules for divorce in Alabama?
First, you must meet the residency requirements of the state in which you wish to file. Second, you must have “grounds” (a legally acceptable reason) to end your marriage. Third, you must file divorce papers and have copies sent to your spouse.
How often is alimony awarded in Alabama?
The duration of payments is determined by a judge in Alabama family court. Alimony length is usually based on length of marriage – one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).
How much does an uncontested divorce cost in Alabama?
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.
Is alimony mandatory in Alabama?
An Alabama court will consider alimony only after equitable property division has been decided. The court will then determine whether an alimony award is necessary or whether instead, the division of assets will provide sufficient means of support for the lower-earning party without the need for alimony.
How does a woman get alimony in Alabama?
To determine whether to award alimony in gross, divorce court judges in Alabama look at the following factors: The earning ability of the parties in the marriage. The source of their material property. The length of the marriage.
Does adultery matter in Alabama divorce?
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.
How long do you have to be married to get half of 401k in Alabama?
In other words, retirement accounts and benefits are divisible in Alabama if you have been married for at least 10 years and the account was not maximized prior to the marriage.
How is debt divided in a divorce in Alabama?
In Alabama, debt and assets are divided in an equitable fashion. That means that, rather than being divided 50/50, debt is split up in a way that is fair to both parties.
What happens to the house in a divorce in Alabama?
Marital and Separate Property In Alabama, most property acquired during a marriage is going to be considered marital property. Thus, a house purchased by a husband and wife after marriage is going to be considered marital property that will be divided based on equitable distribution as determined by the court.
How long after signing divorce papers is it final in Alabama?
Wait the Necessary Amount of Time Many divorces take months to resolve, though some can be finalized quickly. Alabama’s divorce waiting period is only 30 days, which means you can obtain a final divorce decree after about four weeks if the underlying issues can be resolved in that time.
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.