Divorce can be a complex legal matter with significant short-term and long-term impacts.
Here, our Etowah County, Alabama divorce attorneys provide an overview of key information about divorce in Etowah County to help you navigate this difficult time with clarity and confidence.
Types of Divorce in Alabama
Alabama law recognizes several different ways to end a marriage legally.
The types of divorce available in Alabama include:
- Uncontested Divorce: Both spouses agree on all terms of the divorce, including division of assets, alimony, child custody, and support. An uncontested divorce is generally the quickest and most cost-effective option.
- Contested Divorce: The spouses do not agree on one or more issues and require court intervention to resolve disputes. Contested divorces are more time-consuming and expensive.
- Fault Divorce: One spouse alleges that the other's actions (such as adultery or abuse) are to blame for the marriage's end. Fault divorces are becoming less common.
- No-Fault Divorce: No wrongdoing is alleged. Common grounds include "irreconcilable differences" or stating the marriage is "irretrievably broken." Most divorces in Alabama today are no-fault.
Understanding the different types of divorce can help you determine the best approach for your situation. An experienced local divorce attorney can advise you on your options.
Residency Requirements
You must meet the state's residency requirements before you can file for divorce in Alabama.
To file for divorce in Etowah County, either you or your spouse must have been a resident of Alabama for at least six months.
If you live in another state, you may still be able to file in Etowah County if your spouse has been a resident for six months.
Grounds for Divorce
When filing for divorce in Alabama, the spouse initiating the case (the plaintiff) must state the legal reason (or grounds) for the divorce.
Alabama recognizes both no-fault and fault-based grounds for ending a marriage:
No-fault grounds:
- Irretrievable breakdown of the marriage;
- Incompatibility; and
- Voluntary separation for more than one year.
Fault grounds:
- Adultery;
- Abuse/domestic violence;
- Substance abuse or addiction;
- Incarceration; and
- Abandonment.
Incompatibility is the most commonly cited ground. Only one spouse needs to assert incompatibility for the court to grant a no-fault divorce on this basis.
Your divorce attorney can help determine which grounds apply best to your case.
Filing and Service of Process
Every divorce case begins with the filing of key documents and notifying the other spouse. The divorce begins when the plaintiff files a Complaint for Divorce with the Etowah County court and pays a filing fee.
The complaint states the grounds for divorce and what the plaintiff is asking for in terms of property division, alimony, custody, etc.
The plaintiff must also arrange for the complaint and summons to be "served" (legally delivered) to the other spouse (the defendant).
The defendant then has 30 days to file an answer with the court. Your attorney will handle the filing and service of the process to make sure everything is done correctly.
Property Division
One of the most important issues to resolve in a divorce is how to divide the couple's assets and debts.
Alabama follows the "equitable distribution" model for dividing marital assets and debts.
This means the court aims to divide property fairly between spouses but not necessarily equally. Factors considered include:
- Each spouse's earning capacity and financial status;
- Length of the marriage;
- Each spouse's contributions to the marriage;
- Age and health of each spouse;
- Custody of children; and
- Misconduct leading to the divorce.
Separate property acquired before the marriage is usually not subject to division. Gifts or inheritances received during marriage may also be considered separate property.
Marital misconduct can be a factor in property decisions in some cases. An experienced divorce lawyer can present arguments to pursue the most favorable property settlement for you.
Alimony
Alimony is another key issue that often arises in Alabama divorces. Alimony, also called spousal support or maintenance, is payment from one ex-spouse to the other to help them maintain a reasonable standard of living.
Alimony can be temporary or permanent, depending on factors like:
- Length of the marriage;
- Each spouse's income and future earning potential;
- Age and health of the recipient spouse;
- Standard of living during the marriage;
- Custody of children; and
- Misconduct during the marriage.
The court has broad discretion in determining the amount and duration of alimony. Alimony ends if the recipient remarries or cohabitates with a new partner.
Your attorney can make the case for an alimony award that fits your needs.
Child Custody
For parents of minor children, custody is often the most critical and emotionally charged aspect of divorce.
If the divorcing couple has minor children, the court will determine legal and physical custody as part of the divorce:
- Legal custody refers to decision-making authority on issues like education, healthcare, and religion. The court may award sole or joint legal custody.
- Physical custody refers to where the children live. Options include sole, joint, or split custody arrangements.
The court's priority is the best interests of the child.
Factors impacting custody include the child's relationship with each parent, the parents' physical and mental health, the child's specific needs, and any history of domestic abuse.
An attorney experienced in Alabama custody matters can help you pursue an arrangement that protects your children's well-being and your parental rights.
Child Support
Both parents have a duty to financially support their children, even after divorce.
The non-custodial parent will usually be ordered to pay child support to the custodial parent based on Alabama's Child Support Guidelines.
Key factors in the calculation include both parents' incomes, the custody split, childcare costs, and the children's health insurance expenses. Child support is separate from alimony and not tax deductible.
Having proper legal representation can ensure that the child support order in your case is fair and accounts for any special circumstances.
Uncontested vs Contested Divorce
How you and your spouse approach the divorce process will have a major impact on the path your case takes.
An uncontested divorce is almost always preferable if you and your spouse can agree on the major issues.
Benefits of an uncontested divorce include:
- Faster resolution, often in a few months;
- Lower legal fees and court costs;
- Less stress and conflict;
- More control over the outcome; and
- Enhanced privacy.
However, if you cannot agree, a contested divorce may be unavoidable. A contested divorce proceeds through the court system, with each side presenting their case at trial.
The process can take a year or more and become quite expensive. The judge will make the final determination on disputed issues.
Whether your divorce is contested or uncontested, having quality legal counsel is crucial to protecting your rights.
Navigating the Divorce Process
The decisions you make during your divorce will shape your future and your children's future. Divorce is rarely easy, but being prepared and having proper legal guidance can make a big difference.
Key steps include:
- Gather important documents related to your assets, debts, income, and expenses.
- Open separate bank accounts and establish individual credit if you don't already have it.
- If you have children, keep discussions with your spouse focused on their wellbeing. Don't put the kids in the middle of disputes.
- Consult with an experienced divorce attorney to understand your rights and strategize your approach. Attempting to handle a divorce entirely on your own is extremely risky.
- If abuse is an issue, get yourself and your children to safety and seek a protective order from the court. Your attorney can assist with this.
Following these steps can help you successfully resolve your divorce and move forward with your life.
Fight Smarter, Fight Harder
Divorce is a turning point that will impact the rest of your life. Having an experienced Etowah County, Alabama divorce attorney to advise you can make all the difference in the outcome for you and your children.
The knowledgeable divorce lawyers at Baxley Maniscalco have been helping individuals in Etowah County navigate the challenges of divorce for decades. We understand Alabama divorce law and how the local courts work.
Let our experienced advocates guide you through the process while protecting your interests at every step.
Take control of your new beginning. Contact us online today to discuss your situation and learn how we can help. We offer confidential consultations and reasonable fees, with flexible payment options available.