Divorce attorneys Jim Pino & Associates have built their reputation as litigators in contested divorces. In their 52+ years of combined experience, they have handled every aspect of divorce and family law. Son & partner, Jeff Pino, is thoroughly experienced in handling all aspects of divorce & juvenile law cases. They serve residents of the Birmingham Metro, Shelby County and Chilton County areas. They have handled cases with few assets to million-dollar estates.
What Steps Are Needed To Obtain A Divorce In Alabama?
You must have lived in Alabama for six months before filing for divorce to obtain a divorce. Additionally, you have to know the whereabouts of your spouse. If you cannot find him/her, you must demonstrate a good-faith effort in trying to locate him/her.
If your spouse is pregnant, Alabama law prevents you from obtaining divorce during the pregnancy.
To begin the divorce proceedings, you must demonstrate to the court that there are irreconcilable differences or an irretrievable breakdown in the marriage. Also, when you meet with your attorney, it would be best to list your individually or jointly owned assets and liabilities, income or ability to earn, and any evidence that you have that will prove how the breakdown occurred.
For those seeking child support, the child support obligation will usually be based upon a pre-determined amount. This amount is calculated by determining both parties’ income or ability to earn, any day care expenses, health insurance premiums and calculating those amounts according to the Alabama Child Support Guidelines.
For those seeking alimony there are a variety of factors such as a party’s ability to pay after child support is deducted, fault of the parties, and the standard of living that the parties enjoyed during the marriage.
What Is The Difference Between A Fault And A No-fault Divorce?
A no-fault divorce is when you can obtain a divorce without showing the judge that there’s an irretrievable breakdown or irreconcilable differences. All that is required is going before a judge and asking for a divorce. The judge is obligated by law to grant you a divorce.
For a fault-based divorce, you must show the judge that there is an irretrievable breakdown and that the parties cannot reconcile.
How Long Does It Take For A Divorce Case To Be Finalized In Alabama?
If you’re filing for divorce, the judge cannot grant that divorce for 30 days. That time period is commonly referred to as a “cooling-off period”.
Suppose a spouse files a divorce as an act of retaliation; they must wait 30 days before making a decision. If after 30 days, the divorce continues and is uncontested, it can be granted pending that the divorce order meets all of the legal requirements.
On the other hand, a contested divorce could last two to three years, or even longer if the case goes to trial.
Can You Avoid Going To Court For A Divorce Case In Alabama?
Filing for an uncontested divorce is the easiest way to avoid court. This can be completed in a divorce attorney’s office. The paperwork can be drafted, signed, submitted to the court, and finalized after the 30-day waiting period.
However, this means that both parties have to agree on everything 100%: every dollar of child support, every hour of visitation, every last item of personal property in the marital residence, everything has to be agreed to.
Do You Still Need To Hire A Divorce Attorney For An Uncontested Divorce If You Both Agree To All The Terms?
Because divorce is a legal process, it’s always helpful to have a legal expert who can help walk you through each step of the way.
In any divorce case, there is a significant amount of paperwork that has to be filed other than an agreement – and the court will reject the whole deal if you do not file everything correctly.
Commonly, there is something that the parties failed to address or forgot about that needed to be addressed. However, you can avoid any roadblocks or common pitfalls by working with an attorney who can help you settle the matter with confidence and ease. For more information on Family Law In Alabama, an initial consultation is your next best step.