Considering or in the midst of a divorce in Cleburne County, Alabama?
Having basic knowledge of the process, requirements, and various types is crucial to better prepare yourself for the road ahead.
Here, our Cleburne County, Alabama divorce attorneys will provide an overview of key information to help you navigate divorce in Alabama with clarity and confidence.
Types of Divorce in Alabama
Alabama law allows for several different types of divorce:
- Uncontested Divorce: This is the simplest and typically fastest type of divorce, where both spouses agree on all terms, including division of assets, alimony, and child custody. An uncontested divorce can be completed with minimal court involvement.
- Contested Divorce: If spouses cannot reach an agreement on the terms of the divorce, it is considered contested. Contested divorces require court intervention to resolve disputed issues and tend to be more lengthy and expensive.
- Fault and No-Fault Divorce: Alabama allows both fault-based and no-fault divorces. In a no-fault divorce, neither party is blamed for the breakup. Grounds for a fault-based divorce include adultery, abandonment, domestic violence, substance abuse, and incarceration. Proving fault can impact the court's decisions on alimony and property division.
Understanding the differences between these types of divorce is crucial for determining the best approach for your unique situation.
Residency and Filing Requirements
Before you can begin the divorce process, you must ensure that you meet Alabama's residency and filing requirements.
To file for divorce in Cleburne County, at least one spouse must be a resident of Alabama for a minimum of six months. The divorce petition is filed with the Cleburne County Circuit Court.
If you are the one initiating the divorce (the plaintiff), you will need to file the following documents:
- Complaint for Divorce;
- Summons;
- Testimony of Plaintiff;
- Vital Statistics Form;
- Affidavit of Residency;
- Child Support Information Sheet (if you have minor children); and
- Settlement Agreement (if it is an uncontested divorce).
Gathering these documents and ensuring you meet the residency requirements are essential steps in beginning the divorce process.
Grounds for Divorce
When filing for divorce, you must state the reason (or the “grounds”) for the divorce. The most common ground for divorce in Alabama is the no-fault ground in which there’s been an "irretrievable breakdown" of the marriage.
However, Alabama also allows fault-based divorces on any of the following grounds:
- Adultery;
- Voluntary abandonment for one year;
- Imprisonment for two years with a sentence of at least seven years;
- The commission of a crime against nature, whether before or after marriage;
- Habitual drunkenness or drug addiction after marriage;
- Confinement in a mental hospital for five successive years;
- Domestic violence or reasonable apprehension of domestic violence;
- The marriage is incestuous; and
- Irreconcilable differences or incompatibility.
Selecting the appropriate grounds for divorce is a significant decision that can impact the course of your divorce proceedings.
Property Division
One of the most contentious aspects of many divorces is the division of marital property. Alabama follows the "equitable distribution" model for dividing marital property in a divorce.
This means the court will divide property in a fair and equitable manner, but not necessarily equally.
The court considers several factors when determining equitable distribution:
- Each spouse's earnings and earning potential;
- Length of the marriage;
- Age and health of each spouse;
- Conduct of the parties during the marriage;
- Value of each spouse's separate property;
- Standard of living during the marriage; and
- Tax consequences of the property division.
Understanding how property is divided can help you better prepare for this aspect of the divorce process.
Alimony
In addition to property division, the court may consider awarding alimony or spousal support. Alimony, also known as spousal support, may be awarded in an Alabama divorce temporarily or permanently.
The court will evaluate several factors in deciding whether to award alimony and in what amount:
- Length of the marriage;
- Standard of living during the marriage;
- Age, physical condition, and emotional state of each spouse;
- The financial resources of each spouse;
- The earning capacity of each spouse;
- The needs of each spouse;
- The spouse's responsibility for children; and
- Tax consequences of alimony.
If alimony is a consideration in your divorce, understanding these factors can help you set realistic expectations.
Child Custody and Support
For divorcing parents, issues of child custody and support are often of paramount concern.
If the divorcing spouses have minor children, the court will determine legal and physical custody based on the best interests of the child.
Factors considered include:
- The preferences of older children;
- The child's relationship with each parent;
- The ability of each parent to provide for the child's needs;
- Any history of domestic violence or substance abuse;
- The mental and physical health of the parents; and
- Disruption to the child's current living and school situation.
Alabama uses the "Income Shares" model for calculating child support. This takes into account the income of both parents and the needs of the child.
Child support is typically paid until the child reaches the age of majority (19 in Alabama) but may continue longer for a disabled child.
Prioritizing your children's well-being and understanding the factors that influence custody and support can help you navigate this emotional aspect of divorce.
Divorce Timeline
Knowing what to expect in terms of the divorce timeline can help you plan and prepare for the process.
The length of the divorce process varies depending on the case's complexity and any existing conflict between spouses.
An uncontested divorce can be finalized in as little as a month. A contested divorce will take longer, typically several months to over a year, if a trial is necessary.
Here is a general timeline of the divorce process:
- One spouse files a petition for divorce with the Cleburne County Circuit Court;
- The other spouse is served with divorce papers and has 30 days to respond;
- If the divorce is uncontested, a hearing can be scheduled and the divorce finalized;
- In a contested divorce, there is a period of discovery where information is exchanged;
- Negotiations or mediation may occur to try to reach a settlement; and
- If no agreement, the case proceeds to trial where a judge will issue a final order.
While each divorce is unique, this general timeline provides a roadmap for the process.
Fight Smarter, Fight Harder
Deciding to pursue a divorce is rarely easy. Having a clear understanding of the process and working with experienced legal professionals can make it more manageable.
If you‘re considering divorce in Cleburne County, your next step is to consult with a knowledgeable family law attorney who can evaluate your situation, advise you of your options, and advocate for your interests throughout the process.
At Baxley Maniscalco, our compassionate divorce attorneys have decades of combined experience guiding clients through divorces in Cleburne County and across Alabama.
We’re committed to providing the personalized attention and strong representation you need during this challenging time. To speak with a member of our team and learn how we can help, contact us to request a confidential consultation.
With the right information and support, you can confidently navigate the divorce process and move forward with the next chapter of your life.