Divorce in Alabama
If you are planning to file for divorce in Alabama, you should consider hiring an Alabama divorce attorney to guide you through the process. Your divorce lawyer can:
- Explain the legal requirements for an Alabama divorce
- Help you understand the grounds for divorce in Alabama
- Prepare the necessary paperwork to file with the court
- Represent you in hearings before the Alabama Circuit Court
- Negotiate how your property will be divided and negotiate alimony, if applicable
- Handle child custody, visitation and support negotiations
Alabama Divorce Basics
Alabama divorce residency requirement: You or your spouse must have resided in Alabama for at least six months prior to filing for divorce.
Alabama divorce court: You'll file for divorce with the Alabama Circuit Court (sometimes known as a family court or domestic relations court) in the county in which you reside, the county in which you lived when you separated or the county in which your spouse resides if you're a non-resident.
Alabama divorce grounds: You can file for a fault-based Alabama divorce or a no-fault Alabama divorce. In either case, in court filings you'll have to state the grounds, or reason, for your divorce. Grounds for a no-fault Alabama divorce include the irretrievable breakdown of the marriage, voluntary separation for more than a year and incompatibility. Grounds for a fault-based Alabama divorce include adultery, abandonment for at least one year, imprisonment for at least two years, addiction and abuse. Your Alabama divorce lawyer can explain all of the grounds for divorce in more detail.
Alabama property division: Divorcing couples in Alabama are expected to divide their property "equitably," but not necessarily equally. Your Alabama divorce lawyer can help you negotiate a fair division of your marital property.
Alabama alimony: Decades ago, women were almost always awarded alimony, which often lasted until the woman remarried or either the ex-husband or ex-wife died. Today, that's no longer the case. Alabama divorce courts will consider alimony requests on a case-by-case basis, and may award some alimony (also known as spousal support), temporary alimony or support in the form of a single lump-sum payment. Your Alabama divorce attorney can help you determine whether you're entitled to alimony or will have to pay alimony. Find more information on ways to end alimony.
Alabama Child Custody, Visitation & Support
If you and your spouse have minor children together, you'll also have to reach agreements about child custody, visitation and child support. Your Alabama divorce attorney can help with the child custody, child support and visitation issues.
In determining Alabama child custody, the judge will try to determine what is in the best interests of the child. This will influence the judge in determining physical custody (where the child resides) and legal custody (which parent is responsible for making major decisions related to the child). When possible, judges prefer joint custody, which allows the parents to share physical and/or legal custody, but the judge may opt for sole custody if it's in the best interests of the child.
Alabama child support is calculated by looking at several factors, including:
- The combined monthly incomes of both parents
- The child's monthly expenses, including school and/or daycare costs, health care costs and extracurricular activities
- How many children each parent is supporting
Find & Hire an Alabama Divorce Lawyer
There are a number of reasons to consider hiring an Alabama family attorney to guide you through the divorce process. Your attorney will have the benefit of years of legal education and hands-on experience working with divorcing couples and the Alabama domestic relations courts. That expertise works to your advantage when negotiating an Alabama divorce settlement, alimony, child custody, visitation and child support.
If you're considering filing for divorce in Alabama, you should hire an Alabama divorce lawyer before you talk to your spouse or legally separate. If you're ready to hire a lawyer, you've come to the right website. Whether you live in Birmingham, Mobile, Huntsville or elsewhere in Alabama, Attorneys.com can connect you with a divorce lawyer in your area. Simply call us at 877-913-7222 or complete the form on this page. After asking you a few simple questions, we'll put you in touch with a local divorce attorney.