Whatever the circumstances surrounding your divorce, the decision can be hard to process. This is an emotional time, even if you and your spouse agree to end the marriage. Filing for divorce in Birmingham requires a precise understanding of Alabama laws. If both parties manage to sort out internal issues, it would be an uncontested divorce, which doesn’t have to be complex. On the other hand, when there are major conflicts, a contested divorce is more likely and may take longer to finalize.
Regardless of the type of divorce you are having, it is critical to have a competent attorney. Meet the experienced family law attorneys of The Harris Firm for a quick consultation. In this post, we are discussing some essential details that need your attention.
There are residency requirements
Like most states, Alabama also has a residency requirement. Either of the two spouses must have lived in Alabama for at least six months prior to filing for divorce. If you were married in another state, you could still get a divorce in the state, provided you fulfill the requirement. If you or your spouse live in Birmingham, you must initiate the proceedings in Jefferson County.
There are multiple grounds for divorce
Alabama allows for both no-fault and fault divorces. If the marriage is irretrievably broken, which means when you and your spouse cannot do anything further to save the marriage, you can cite that as a ground for a no-fault divorce. Fault-based grounds often include abandonment and cruelty. Most divorces filed in Birmingham are no-fault ones, as they are much easier to sort.
You will have to wait
There is a 30-day mandatory waiting period to get a divorce in Alabama, even if yours is an uncontested divorce. However, several factors may delay the process. Contested divorces can take months or even years, considering respective spouses often need time to resolve issues. Uncontested divorces can take longer than 30 days, depending on other variables, such as the pressure on the court.
Hiring an attorney is always advisable
While you can file the papers and initiate divorce proceedings in Birmingham independently, it may not be the wisest decision. Divorces involve discussing critical issues, such as child custody and distribution of marital assets, and it is always better to seek advice from an expert divorce lawyer who has credible experience dealing with family law issues. With an attorney, you don’t have to worry about compromising your interests.
Uncontested divorces are cheaper
As long as there is no conflict or when a separating couple manages to resolve matters like alimony, child custody, and child support, an uncontested divorce is the best option. Uncontested divorces are often more straightforward, and you will have certain control over the outcome. Also, if you choose to get legal help, your attorney will usually work on a flat fee or charge a lower hourly rate.
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Choose a local lawyer
Always find a local divorce lawyer who is based in Birmingham and practices in Jefferson County. That gives you the chance to leverage their understanding and experience of regional courts and other smaller details. Make sure the attorney has credible experience with similar divorces. Not all law firms handle complex contested divorces, and if you are in such a situation, their expertise will matter.
Final word
Getting through a divorce can take a toll on your mental and physical well-being. When your emotions are running high, it is best to rely on a competent lawyer who can offer unbiased and transparent advice for your situation. Do not shy away from asking questions about specific Alabama laws and other details.
