In general, filing and completing a divorce in Alabama will cost around $200-$350. The average cost of filing for divorce in Alabama is usually around $215-230. If you have a contested divorce case in Huntsville, Alabama, the costs will be much steeper.
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.
How much is the filing fee for an uncontested divorce 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.
How do I file an uncontested divorce in Alabama?
- Meet the Residency Requirements.
- Prepare your Initial Divorce Papers.
- Settlement Agreement.
- File your Initial Divorce Papers at your County Court.
- Serve your Spouse Divorce Papers.
- Submit Proof of Service to the Court.
- Complete Additional Divorce Forms.
Is Alabama A 50 50 state in a divorce?
Alabama is not a community property state in which all assets are split 50/50 and divided between the couple. Alabama is an equitable distribution state, which means that assets gained during the marriage or used for the benefit of the marriage should be split in a fair and equitable way.
How many years do you have to be married in Alabama to get alimony?
Permanent alimony – It’s rare for the courts to award one spouse permanent alimony. Generally speaking, the spouses must have been married for at least 20 years, and the recipient spouse must demonstrate a significant financial need for the judge to award permanent alimony.
Can I 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.
How long do you have to be separated before divorce in Alabama?
Legal Separation Code 30-2-40. State law does not mandate couples undergo a period of separation before they get divorced. However, in some cases, judges have been known to issue temporary separation orders before he or she will grant a divorce.
Is Alabama an alimony state?
In Alabama, the judge will award rehabilitative alimony to one of the spouses only if all of the following are true: that spouse doesn’t have the means to be self-supporting at the same economic level as during the marriage. the other spouse can pay support “without undue hardship,” and.
How long does divorce take in 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.
What forms do I need to file for divorce in Alabama?
The basic forms are the divorce complaint, marital settlement agreement, testimony of plaintiff (affidavit), affidavit of residency, child support information sheet (CS-47), and the vital statistics form. You must file the uncontested divorce documents with the clerk of the court and pay a filing fee.
Can you get divorce without your spouse signature?
In case your spouse is not agreeing to the mutual consent divorce, then you can file a petition under any of the grounds mentioned under Section 13(1) of the Hindu Marriage Act.
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 can I get a divorce fast?
By filing a no-fault, uncontested divorce with an agreement an attorney has reviewed—especially in a state with a short residency period—you can get a quick divorce. The benefits of a quick divorce are that it saves money on legal fees and it saves a lot of stress.
What is a default divorce in Alabama?
A default divorce occurs when the party against whom the divorce suit is brought fails to respond within the time limit set by law. If the defendant files a response to the complaint, the case will be set for a trial.
Who has to leave the house in a divorce in Alabama?
In the state of Alabama, both spouses have an equal right to the marital home until a judge enters an order for exclusive possession of the residence. This order can take one of several forms. Until this order is entered, a party cannot take action to assert exclusive control over the marital home.
What can a wife claim in a divorce?
Assets that you have built up or acquired during the period of marriage are known as matrimonial assets or marital assets. These typically include property, pensions, savings, personal belongings, and cash in the bank.
Can my wife take my retirement in a divorce?
Under the law in most states, retirement plan assets earned during a marriage are considered to be marital property that can and should be divided. It’s therefore advisable for couples to make these assets part of their property settlement agreement negotiations and their divorce decree.
Can you date while separated in Alabama?
In Alabama, it is not illegal to date while you are legally separated. However, just because you are legally able to do it doesn’t always mean that you should. It is important to consider the possible effects of dating or committing adultery on any pending or future divorce case, even if you are legally separated.
How much alimony do I have to pay in Alabama?
There is no set formula in Alabama divorce law for determining the amount of alimony. In simple terms, the amount of alimony is dependent on the needs of the receiving spouse and the ability of the paying spouse to pay alimony.
How does a wife get alimony?
What do I do if I want alimony? You can ask for alimony as part of a divorce proceeding. If you and your spouse reach an agreement about alimony, you can ask the judge to make the agreement a part of the court order. If you cannot reach an agreement, the judge will decide whether you are entitled to alimony.
Can my husband divorce me without me knowing?
Are you ready to get divorced but don’t know the whereabouts of your spouse? Never fear! It is possible to apply for a divorce without knowing the location of your spouse. Once you have filed an Application for Divorce in Court you are required to serve a copy of the sealed Divorce Application on your spouse.
How long do you have to be separated before divorce is automatic?
Divorce After Two Years Separation There is no such thing as an “automatic” divorce. You can apply for divorce on a number of grounds, two of those are based on separation of two years or more.
Can I get divorce without any reason?
The court cannot force any one to give or not to give divorce to his/her spouse. It can only decide whether the spouse who files a petition for divorce, is entitled to divorce or not. 2. If you do not want to give divorce then you may contest the divorce proceedings initiated by your wife as and when she initiates it.
Is there a homewrecker law in Alabama?
The ‘Homewrecker’ law, which is also called the alienation of affection lawsuit, is a law that enables someone to sue a third party for damages incurred due to the break up of their marriage. At the time of writing this, however, legislation has been passed to abolish alienation of affection laws in Alabama.