Most divorces in Alabama are filed based on grounds of no fault. Many people call this “irreconcilable differences,” though the state does not use those terms. If you wish to file for divorce without alleging your spouse is at fault, there are technically three options under Alabama law.
Table of Contents
How much does a no contest divorce cost in Alabama?
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.
Do you need a lawyer for an uncontested 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.
How long does it take for a uncontested divorce to be final 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.
What forms are needed for uncontested 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.
How long does uncontested divorce take?
An uncontested divorce is a relatively quick and cost-effective way of divorcing. From lodging the divorce petition with the court until receipt of your decree absolute, an uncontested divorce takes about four to five months.
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 long after divorce can you remarry in Alabama?
If you wish to remarry (anyone except each other), you must wait until at least 60 days after the judgment of divorce is entered. If you have questions regarding the general requirements for divorce in Alabama, we are here to help.
How does uncontested divorce work in Alabama?
During an uncontested divorce, an attorney will draft an agreement for the party who retains them. That party will then approve the agreement, sign the agreement, and send it to their spouse to approve and sign. It is always recommended that the other spouse consult with an attorney before signing any agreement.
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.
Can you date while going through a divorce in Alabama?
Alabama divorce is covered in the the Code of Alabama under Title 30. While there is nothing illegal about dating during the divorce process, just because you can legally date during divorce proceedings does not mean you should, even if your spouse is.
How does adultery affect divorce in Alabama?
In the state of Alabama, infidelity by a spouse is not a bar to alimony for the offending spouse. In some situations when adultery was a substantial factor in the dissolution of the marriage, however, a judge may withhold an alimony order from a spouse.
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.
Can u get a divorce for free?
With your court fees covered, DIY is the only method of obtaining a free divorce, but it’s only viable if you and your spouse agree to the divorce and why you’re getting one.
Can I do my own divorce?
Anyone can opt for a DIY divorce or dissolution, but that doesn’t mean it’s suitable for everyone. As a guide, you might be able to sort out your divorce or dissolution and your finances yourself if: your ex-partner agrees to a divorce or dissolution, or you’ve been separated for five years or more.
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.
Do I have to show up to court for an uncontested divorce?
For an uncontested divorce to be finalized, the spouse who petitioned for divorce by filing with the county court must appear at the final hearing. The other spouse is not required to attend, as long as he or she has signed all the necessary documents regarding the marital settlement agreement.
What is the cheapest divorce you can get?
What is the cheapest way to get a divorce? Filing a no-fault, uncontested divorce with with the help of a service like It’s Over Easy,is the quickest way to get a divorce. A quicker divorce can help you save on legal fees and time.
How long does an online divorce take?
A divorce where both parties agree typically takes four to six months when using an online service.
Who pays divorce costs?
In most cases, the applicant pays the court fee; however, some couples agree to split the court fees between them, particularly if it is a joint application. Helping our clients file their divorce papers is only one of the many family law services at Stowe Family Law.
How much does a divorce lawyer cost in Alabama?
You can expect to pay at least a few hundred dollars even for the most simple, uncontested divorce. Alabama family law attorneys charge an average of $294 per hour for legal services. If your divorce is heavily contested and involves complicated issues, you can expect to pay more in legal fees.
How much is a divorce lawyer in Alabama?
Costs associated with divorce varies based on the property and other issues, such as child custody, that are involved but in general, the website found the divorce filing fee in Alabama is $208 with an average hourly attorney fee of $296.
Is Alabama an alimony state?
Under current Alabama divorce law, a court may award alimony in order to allow an ex-spouse to maintain their standard of living after the divorce or for “rehabilitative” purposes. As a rule of thumb, the longer the marriage, the more likelihood that alimony may be awarded.
What is average child support in Alabama?
According to the Alabama Schedule of Basic Child-Support Obligations, the total child support obligation is $1,304. The total child support obligation must be divided between the parents in proportion to their adjusted gross incomes. The percentage of the gross income is used to figure the dollar amount.
Are online divorces legal in Alabama?
If everyone is in agreement about all issues in the marriage such as child support, custody, and property division then you might be able to get a simple online divorce in Alabama. In order to keep it simple and inexpensive and be able to do it online all parties must be in agreement.