Alabama No fault Divorce

Divorce Papers > No Fault Divorce > Alabama No fault Divorce

Marriage is a process that unites two individuals with a strong bonding of trust and love. However, it is not necessary that every marriage proves to be a successful marital relationship between both the spouses. As a result, most people decide to take divorce legally end their marriage. Various types of divorce can be filed depending upon the condition and relationship that lies between both the partners. No-fault divorce is one of the most common forms of divorce valid in various states in the US. In a state like Alabama, during a no fault divorce, if one divorcing partner unilaterally requests for divorce and the other divorcing partner does not agree for it, the divorce might yet be finalized. It would simply take some time and money before the verdict is pronounced. A divorce can also be granted after it is proved that the divorcing partners are residing separate and apart for minimum two years. Several linked marital issues such as property or debt division, child custody or support matter, alimony settlement etc, are clearly sorted through such divorce processes. Here we are mainly focused to provide detailed information regarding the definite procedures and requirements associated with no fault divorce in Alabama State.

Residency requirements of Alabama No Fault Divorce

Before filing a no fault divorce in Alabama, you need to fulfill definite set of conditions. Apart from this acquiring residential proof is one of the major requirements in Alabama.

  • If both the divorcing partners are residents of Alabama, no specific duration of residency is actually demanded before granting divorce to them.
  • If one of the divorcing partners is a resident of Alabama and the other is not, then, the former partner must have lived in this state for minimum six months prior to the date of filing.
  • If the divorcing couple has minor child or children, they must be under the jurisdiction of the court. This implies that the child or children must be presently residing in the state and must have resided for minimum six months.

Grounds for Alabama No Fault Divorce

The no fault divorce in Alabama is only filed on the basis of the grounds applicable for a no fault divorce. However, the separation period for a definite duration is one of the major grounds considered. Here we are listing some of the major grounds:

  • Irretrievable breakdown of the marriage: There is no possibility of any patch-up between the divorcing partners.
  • Incompatibility: This implies that the temperaments of the divorcing partners are so incompatible that they cannot reside together in the future.
  • The no fault divorce is granted if prior to the filing of the case, one divorcing partner voluntarily abandons the other.
  • Prior to filing for a no fault divorce, the divorcing couple must have been separated for minimum two years.

Procedure of no fault divorce

  • The circuit court is the venue for filing the divorce
  • The circuit court of one of the following counties is chosen to file the divorce
    • The county wherein the divorcing couple lived when the separation took place
    • The county where one of the divorcing partners resides
  • Once the papers are filed in the court, the petitioner must serve the respondent with the papers. This is done by hand-delivery or mailing a copy of the papers.
  • The respondent has to sign a legal document and this is a proof of the receipt of the papers.
  • This signed legal document is filed in the court
  • After the date of filing the papers in the court, there is a waiting period of thirty days. After this duration is over, the divorce can be finalized.
  • The Judge reviews the paperwork and takes a decision whether a hearing must be scheduled and whether the divorcing partners should remain present for the hearing.
  • In case of an uncontested divorce, the divorcing partners can try to settle the issues between themselves in the waiting period. Once the thirty day period is complete, the divorce decree is granted.
  • In a contested divorce, issues are raised in the court. After the final ruling regarding these matters is made, the divorce decree can be granted.
  • After the date when the divorce is finalized, there is a sixty days waiting period. When this span is over, the divorced partners are permitted to remarry.

The no fault divorce procedures that occur in Alabama, are mainly performed in accordance with the laws and policies defined by the court house of the state. Most importantly, either of two partners can simply go and file the case against another partner with a simple procedure.

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