If you’re facing divorce in Oxford, Alabama, you likely have many questions about the process and what to expect.
Here, our Oxford, Alabama divorce attorneys provide an overview of the types of divorce in Alabama, the basic steps involved, and answers to frequently asked questions.
Armed with this information, you can feel more prepared and confident as you begin the divorce process.
Types of Divorce in Oxford
Alabama recognizes several types of divorce, each with its own requirements and procedures.
Understanding the different types can help you determine which one may be appropriate for your situation.
- Uncontested Divorce: This is the simplest and often quickest type of divorce. In an uncontested divorce, both spouses agree on all the major issues, including division of property, alimony, child custody, and child support. The spouses file for divorce together and usually don't need to appear in court.
- Contested Divorce: In a contested divorce, the spouses disagree on one or more major issues. Grounds for a contested divorce may include adultery, abuse, abandonment, prison sentence, addiction, or "irreconcilable differences." These divorces take longer, and the spouses will need to go to court to have a judge decide on the disputed issues.
- No-Fault Divorce: Alabama is strictly a "fault" divorce state that requires proving grounds for divorce, but the catch-all reason for irreconcilable differences is effectively a no-fault basis that can be used even if both spouses agree to the divorce.
- Legal Separation: Legal separation is not a type of divorce but can be an alternative to it. The couple remains legally married but lives separately. The court issues orders regarding property division, alimony, custody, and child support. Some people choose legal separation for religious reasons, to retain health insurance benefits, or to see if they really want to end the marriage permanently.
- Annulment: An annulment is a court order that the marriage was never legally valid. Grounds for annulment in Alabama include incest, bigamy, mental incapacity, one spouse being underage, or fraud/force in obtaining the marriage. Annulments are very rare.
Same-sex divorce is legal throughout Alabama and follows essentially the same process as opposite-sex divorce now that same-sex marriage is recognized nationwide.
Regardless of the type of divorce you pursue, it's important to understand the legal implications and seek guidance from an experienced attorney to protect your rights and interests.
The Basic Divorce Process in Oxford
While the specifics vary based on your situation, most divorces in Alabama follow a general set of steps from filing to final decree.
Knowing what to expect can help you navigate the process more smoothly.
- Meeting residency requirements: At least one spouse must be a resident of Alabama for six months before filing for divorce. There is no minimum residency period in the county where you file.
- Filing the divorce complaint: The spouse seeking the divorce (the plaintiff) files a complaint with the court and has it legally served on the other spouse (the defendant).
- The defendant files an answer: The defendant has 30 days to file a response to the complaint. If no answer is filed, the plaintiff can seek a default judgment.
- Discovery: Both sides exchange detailed information and documents regarding income, assets, debts, and matters related to child custody. This may include depositions (oral testimony).
- Mediation: Many Alabama counties require divorcing couples to attend mediation to try to reach an agreement on contested issues before going to trial. The mediator facilitates discussion but does not make decisions.
- Trial: If any issues remain contested, a trial before a judge is held. The judge makes a final ruling on property division, alimony, custody, and child support. Most divorce trials in Alabama are decided by a judge, not a jury.
- Final divorce decree: The judge signs the final divorce decree, and the divorce is complete. Either spouse can appeal the judge's decision within 42 days. The divorce decree is a binding court order; either spouse can go back to court to enforce it if the other does not follow its terms.
Throughout the divorce process, it's crucial to have an experienced attorney by your side to guide you, protect your rights, and advocate for your interests in negotiations and in court.
Property Division, Alimony, and Child-Related Issues
During the divorce process, several key issues must be decided, including property division, alimony, and matters related to children.
These issues can have long-lasting financial and emotional impacts, so it's important to approach them with care and legal guidance.
- Property Division: Alabama follows the "equitable distribution" model, meaning the division of marital property must be fair but not necessarily equal. The judge will consider factors like the length of the marriage, each spouse's financial and non-financial contributions, the age and health of the spouses, and misconduct during the marriage. Many assets can be divided, including real estate, vehicles, bank and investment accounts, business interests, and even retirement benefits. Each spouse typically keeps their separate property obtained before the marriage or through individual gift or inheritance.
- Alimony: The court may award alimony (spousal support) if there is a large income gap between the spouses. The judge considers factors like the length of the marriage, the receiving spouse's need to pay, the paying spouse's ability to pay, and the standard of living during the marriage. Alimony may be temporary, rehabilitative (for a set period to allow the receiving spouse to gain job skills), or periodic (long-term). Alimony typically ends if the receiving spouse remarries.
- Custody: If the divorcing couple has minor children, the court must approve a parenting plan covering legal custody (decision-making authority), physical custody (where the children live primarily), and parenting time (visitation). Joint legal custody is common, even if one parent has primary physical custody. The custody order can also include provisions related to the children's healthcare, education, and religious upbringing. The court's priority is the children's best interests.
- Child Support: Both parents have a legal duty to financially support their children. The noncustodial parent pays child support to the custodial parent based on Alabama's Child Support Guidelines, which consider both parents' incomes, the custody split, work-related childcare costs, and the children's health insurance expenses. Child support is separate from alimony and is not tax-deductible.
The decisions made regarding property division, alimony, and child-related issues during a divorce can have significant and long-term effects on your life.
Working with a knowledgeable attorney can help ensure that your rights and interests are protected throughout the process.
Frequently Asked Questions About Divorce in Oxford, AL
Divorce can be a complex and confusing process, and it's normal to have questions.
Here are answers to some of the most frequently asked questions about divorce in Oxford, Alabama.
How Long Does a Divorce Take in Alabama?
An uncontested divorce can be completed in as little as six to 10 weeks. A contested divorce typically takes several months and can take over a year if it goes to trial.
How Much Does a Divorce Cost?
The filing fee for a divorce complaint in Alabama is around $300 to $400. Legal fees are additional and vary widely based on the complexity of the case and whether it is contested.
The average cost of a divorce in Alabama is usually between $10,000 and $20,000.
Can I Get a Divorce Without a Lawyer?
You aren't required to have a lawyer, but divorce law is complex, and the stakes are high.
Consulting with an experienced divorce attorney is the best way to protect your rights and achieve an optimal outcome.
Can I Date During a Pending Divorce?
There is no law against it, but it's usually best to wait until the divorce is final.
Dating can increase tensions with your spouse and potentially be used as evidence of adultery or poor parenting.
What if My Spouse and I Can't Agree on Custody?
If custody is contested, the court may order a custody evaluation by a mental health professional who interviews both parents and the children and makes a recommendation.
The court can also appoint a Guardian Ad Litem, an attorney who represents the children's interests in high-conflict custody cases.
Get the Legal Help You Need for Divorce in Oxford, Alabama
Divorce is never easy, but understanding the process and your rights can make it more manageable. If you’re facing divorce in Oxford, Alabama, our compassionate attorneys at Baxley Maniscalco are here to guide you every step of the way.
We’ll work tirelessly to help you resolve your divorce efficiently and obtain the best possible result. While we strive to make the divorce process as painless as possible, we are always prepared to forcefully litigate on your behalf in court if needed.
Our experienced attorneys handle all types of divorces, from simple, uncontested matters to complex, high-stakes cases.
We offer a confidential consultation to discuss your situation and advise you of your options.
Contact us online to schedule your consultation today. Let us handle the legal details, so you can focus on moving forward with your life.