{"id":1320,"date":"2021-08-27T14:10:02","date_gmt":"2021-08-27T18:10:02","guid":{"rendered":"https:\/\/divorceanswers.com\/?p=1320"},"modified":"2022-07-28T09:50:55","modified_gmt":"2022-07-28T14:50:55","slug":"divorce-in-alabama","status":"publish","type":"post","link":"https:\/\/divorceanswers.com\/divorce-in-alabama\/","title":{"rendered":"Your Complete Guide to Getting a Divorce in Alabama"},"content":{"rendered":"\n
What We Cover In This Article<\/strong><\/p>\n Divorce Laws<\/a> | Residency Requirements<\/a> | Grounds for Divorce<\/a> | Divorce Attorney<\/a> | Filing for Divorce<\/a> | Online Divorce<\/a> | How Long?<\/a> | Divorce Costs<\/a> | Custody<\/a> | Child Support<\/a> | Alimony<\/a> | Division of Asset<\/a> | Common-Law Marriage<\/a> | Alternatives<\/a><\/p>\n \n\n\n\n\n\n\n\n Ending a marriage is never easy and if you\u2019re getting a divorce in Alabama there is a lot to consider.<\/p>\n\n\n\n In addition to all of the Alabama specific laws, you need to think about hiring an attorney vs using an online divorce platform, dividing assets and debts, and much much more.<\/p>\n\n\n\n Because divorce is stressful enough on its own, we wrote this complete guide to walk you through every step of getting a divorce in Alabama.<\/p>\n\n\n\n Specific counties might have additional requirements beyond what the state asks for, so you\u2019ll want to verify with your county clerk<\/a> for details.<\/p>\n\n\n\n If you\u2019re just starting to think about divorce, you might not know which path you\u2019ll take. You\u2019ll want to familiarize yourself with the types of divorce in Alabama.<\/p>\n\n\n\n There are different types of divorce laws in Alabama:<\/p>\n\n\n\n An uncontested divorce means both you and your spouse agree that divorcing is the solution to your problems and you agree on the terms of your divorce. When filing for an uncontested divorce you work together to outline the separation of assets, debts and alimony. If applicable, you also agree on custody and child support.<\/p>\n\n\n\n Uncontested divorces are usually more affordable because there\u2019s no need to hire attorneys to fight your battle.<\/p>\n\n\n\n If you do use an attorney, they might have a flat fee rate for an amicable divorce.<\/p>\n\n\n\n You\u2019ll also save money because you won\u2019t have court costs beyond the initial filing fee.<\/p>\n\n\n\n However, if there aren\u2019t any disagreements about the divorce, the case will have to go to trial.<\/p>\n\n\n\n Uncontested divorces are usually much cheaper and quicker, typically taking only a couple of months at most.<\/p>\n\n\n\n FURTHER READING:<\/strong> How To Get a Cheap and Quick Divorce<\/a><\/p>\n\n\n\n <\/p>\n\n\n <\/p>\n\n\n\n If you qualify for an uncontested divorce, using an online divorce service is a great way to save a lot of money. Keep in mind, it costs an average of $15,000 in attorney fees if you file for divorce with an attorney.<\/p> We reviewed, rated, and ranked the best online divorce services available and our #1 choice is 3StepDivorce.<\/p>\t\t\t\t<\/div>\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\tVisit 3StepDivorce\t\t\t<\/a>\n\n\t\t\t\t\t\t\t\n\t\t\t\t\tRead Our Review\t\t\t\t<\/a>\n\t\t\t\t\t\t\n\n\t\t\t A contested divorce means you and your spouse don\u2019t agree on the terms of your divorce.<\/p>\n\n\n\n You might request more alimony then your spouse is willing to pay. Or worse, maybe one spouse doesn\u2019t want to get divorced at all.<\/p>\n\n\n\n You\u2019ll want to hire an Alabama divorce attorney for a contested divorce. Going head to head with your spouse regarding such emotional details is too hard for a person to handle. An attorney acts professionally and keeps a lot of stress off of your shoulders.<\/p>\n\n\n\n A contested divorce is much more expensive than an uncontested divorce. You\u2019ll hire an attorney and pay an hourly fee for their work. You\u2019ll have to pay more for the hours they spend in court fighting your ex.<\/p>\n\n\n\n Because contested divorces often go to trial, they can drag out over months or even years. Hiring an attorney or mediator can help speed the process along, but there\u2019s no guaranteed way to predict how long it will take to resolve.<\/p>\n\n\n\n If you\u2019re unable to locate and contact your spouse or they don\u2019t respond to the divorce documents in a set time, then the judge can grant you a divorce by default<\/a>. or divorce by publication. In Alabama, the legal time limit to respond to a divorce suit is 30 days.<\/p>\n\n\n\n If you can't find your spouse and tried to track them down to no avail, your last resort is to post a public announcement in the local paper. This way, there\u2019s a chance your spouse might see the notification and contact you or the court.<\/p>\n\n\n\n The divorce announcement runs for three weeks. If your spouse doesn\u2019t reply to the newspaper announcement after that time, the divorce may go ahead as an uncontested case.<\/p>\n\n\n\n Whether you serve your spouse with papers or you run a notification in the newspaper, getting a divorce by default will only take a couple of months. You will probably be granted everything you asked for in the divorce because your spouse wasn\u2019t there to contest it.<\/p>\n\n\n\n Since your spouse didn\u2019t respond to the divorce suit, you\u2019ll have to pay the court costs yourself. Some people ask that the spouse pay these fees, especially in at-fault divorces, but if you can\u2019t find your spouse, then you can\u2019t make them pay.<\/p>\n\n\n\n Additionally, you\u2019ll have to pay for any effort made to find your spouse. This includes hiring a process server to deliver the documents and running the notification in the newspaper. Overall, it\u2019s an affordable way of getting divorced when compared to a contested divorce.<\/p>\n\n\n\n It's important to note, you might start the process to divorce by default, but your spouse suddenly pops up to contest the terms of the suit. In that case, the divorce goes to trial.<\/p>\n\n\n\n This can also happen when you serve a local spouse with paperwork. Any time someone doesn\u2019t agree with the divorce document, the case will go to trial.<\/p>\n\n\n\n A divorce trial is just like any other contested divorce court case described above. You and your spouse will need lawyers unless you intend to represent yourselves, which we highly recommend against.<\/p>\n\n\n\n During the divorce, you both have the right to call witnesses. These witnesses usually give character references if your spouse is slandering your reputation. Witnesses are especially powerful in custody cases.<\/p>\n\n\n\n Some courts don\u2019t allow family members as witnesses since they\u2019re biased. Therefore you should choose close friends or coworkers that you trust. Attorneys for both spouses will question the witness. If a witness isn\u2019t available, the judge can grant a continuance, which delays the trial.<\/p>\n\n\n\n Contested divorces by trial can take months or years to finalize.<\/p>\n\n\n\n Starting divorce proceedings by hiring a mediator to meet with you and your spouse can go a long way in preventing disagreements further down the road.<\/p>\n\n\n\n In order to meet the residency requirements for getting a divorce in Alabama, you will have to live in Alabama for six months to qualify as a resident. If you meet this requirement, then you can start the divorce process through the state.<\/p>\n\n\n\n Keep in mind, only one person in the marriage needs to be an Alabama resident to divorce in the state. If your spouse lives elsewhere, you can still file for divorce in Alabama. If you file first, then the entire process will take place in the county where you live.<\/p>\n\n\n\n Marriage is a legally binding contract, so to dissolve the contract, the judge must understand the reason why.<\/p>\n\n\n\n In many states, you have to have a fault, which is a specific reason that the marriage isn\u2019t working or is actively hurting you. But other states allow no-fault divorces.<\/p>\n\n\n\n Alabama is a no-fault divorce state, though you still have to name a reason why neither partner has caused the marriage to end. You can say that there was an irretrievable breakdown or incompatibility.<\/p>\n\n\n\n Irretrievable breakdown means that the marriage is so broken that therapy and counseling can\u2019t repair it.<\/p>\n\n\n\n Incompatibility means that you and your spouse don\u2019t get along and aren\u2019t compatible anymore.<\/p>\n\n\n\n No-fault divorces can be good candidates for uncontested divorces because both spouses agree that the marriage isn\u2019t working anymore. You both want out, so there\u2019s no sense in fighting about the terms.<\/p>\n\n\n\n However, if one spouse doesn\u2019t agree to the terms of a divorce, the process will be more involved\u2014and definitely more expensive. This is because one of you will have to prove that the other is at fault or caused the marriage to end in order to prove your argument for terms you want.<\/p>\n\n\n\n Acceptable reasons for fault-based divorces in Alabama<\/a> include:<\/p>\n\n\n\n If you and your spouse agree that you can\u2019t save the marriage and aren\u2019t fighting over assets, you might be able to complete the divorce paperwork on your own.<\/p>\n\n\n\n But if you have to prove that your spouse was at fault or you\u2019re arguing over how to divide your possessions, then you\u2019ll probably want to hire a divorce attorney for a contested divorce.<\/p>\n\n\n\n Using an Alabama divorce attorney will cost more than completing and filing divorce paperwork yourself, but it can be easier in the long run for contested divorces. You\u2019ll know that your attorney understands Alabama laws and won\u2019t make any mistakes on your paperwork.<\/p>\n\n\n\n Divorce attorneys are experts in Alabama family laws. They\u2019ll make sure that your divorce goes as smoothly as possible.<\/p>\n\n\n\n It\u2019s smart to have a professional representing you and looking out for you and your best interests as you go through this emotional time, and that\u2019s exactly what a good divorce attorney will do.<\/p>\n\n\n\n Just because someone graduated from law school doesn\u2019t make them a good lawyer. Here are the qualities you need to look for when you hire a divorce attorney in Alabama.<\/p>\n\n\n\n A good divorce attorney needs experience with Alabama divorce laws that are different from attorney's who practice other forms of law, such as business law or environmental law. This is because other law practice areas are very different than family law which is what you need expertise in for a divorce.<\/p>\n\n\n\n You will want to have an attorney represent you that has a proven track record of successful divorces and previous client testimonials to back that up. For example, if you will be going through a divorce with a narcissistic spouse<\/a>, having an attorney with experience with negotiation tactics that will not fall into common traps narcissists set for their victims.<\/p>\n\n\n\n Many people might laugh at the idea that their divorce attorney should be honest, but it\u2019s true. They should be honest and upfront with you about what can happen during the process. A divorce lawyer who promises you that things will proceed easily without issues might relieve some of your stress, but you need to determine if they are being honest.<\/p>\n\n\n\n Just as your attorney should be honest with you about what to expect, you also need to be honest with them. Give them all of the information you have, even if it doesn\u2019t paint you in the best light. Lying to your lawyer can cause trouble later on, which can prolong the divorce process and increase costs.<\/p>\n\n\n\n A good divorce attorney has great communication skills. They understand your questions and answer them clearly. If you call or email them, they get back to you within an acceptable period.<\/p>\n\n\n\n You also want to choose a lawyer that is confident and professional. When you talk to them, you\u2019ll be able to tell that they know their stuff. You\u2019ll see how they hold themselves and how composed they are. Hiring a good divorce attorney will reflect well on you in court, so don\u2019t take this decision lightly.<\/p>\n\n\n\n Many people find good divorce attorneys through word of mouth. Maybe your coworker went through a divorce last year and got exactly what she wanted from the settlement. Ask who her lawyer was, and then research them on your own.<\/p>\n\n\n\n You can also contact the Lawyer Referral Service<\/a>. The Alabama State Bar offers this service to help connect clients with lawyers. You can call the toll-free number to find an attorney in good standing with the State Bar.<\/p>\n\n\n\n Research is key for finding a good divorce attorney. You want to find someone who can get you what you want. If you have children, look for a lawyer with experience in custody and child support. If you have to prove your spouse is at fault, find an attorney who has handled that type of case. Better yet, find an attorney that has qualifications in all these areas of divorce.<\/p>\n\n\n\n Aim to interview at least three local divorce attorneys to contact. That way, you\u2019ll know their communication style, capabilities, and fees. You can compare and contrast them to see who will work best for your needs.<\/p>\n\n\n\n Most lawyers will meet with you for a consultation. Do your research beforehand, including asking around about the attorney, reading online reviews, and searching their name in the news.<\/p>\n\n\n\n When you have a consultation with a divorce attorney, make a list of interview questions to ask them. This will give you a better idea of how they\u2019ll handle your case. Ask them things like:<\/p>\n\n\n\n Many lawyers offer a free initial consultation to learn the details about your case. They need to find out if they\u2019re able to help you or not. Many lawyers will mention on their website if they offer a free consultation.<\/p>\n\n\n\n If you use the Lawyer Referral Service, you can be confident that all initial consultations will be free or not cost more than $50 for 30 minutes<\/a>.<\/p>\n\n\n\n Other lawyers might charge more for a consultation. Unless you\u2019re sure that you want to work with a particular lawyer, it\u2019s best to look for those who will talk to you for free.<\/p>\n\n\n\n You want to interview them to make sure they\u2019re the right fit before you hand over any money.<\/p>\n\n\n\n In Alabama, meetings with lawyers are confidential<\/a>. If hired, your lawyer may need to share some information with outside sources to help you win the case, but they will always ask for your consent first.<\/p>\n\n\n\n According to state law, your lawyer might also reveal information you gave them if you\u2019re likely to commit a crime or harm others or yourself. Even then, your attorney will advise you on your rights before sharing your information with others.<\/p>\n\n\n\n Whether you choose to hire a divorce attorney or go through the process yourself, there are certain steps you\u2019ll have to take. Being organized when you file for divorce in Alabama will streamline the process and make it less stressful for you.<\/p>\n\n\n\n Pro Tip:<\/strong> The information below is perfect for you to get an overview of the divorce filing process and also use as a guide if you will be filing for divorce on your own. However, if you are using an attorney, their team will typically be taking care of these steps as part of their proper representation of you as a client.<\/p><\/blockquote>\n\n\n\n Make sure you have your important documents nearby so you can use the information on your divorce forms. Some of the documents you\u2019ll need include:<\/p>\n\n\n\n You\u2019ll first need to complete the Divorce Complaint<\/a>. This is a basic form that will give the court the general background of your divorce. If you have children or need to divide assets, you\u2019ll have to file additional paperwork.<\/p>\n\n\n\n Even an uncontested divorce will require a marital settlement agreement. The court needs to have proof that everything you and your spouse agree on all terms so the issue won\u2019t come back to court later. If you have questions about any of the necessary forms, a lawyer can help you.<\/p>\n\n\n\n If you want assistance with preparing your divorce forms appropriately and instructions on how to file them correctly, using an online divorce service is a great idea to save a lot of money and hassle.<\/p> We reviewed, rated, and ranked the best online divorce services available and our #1 choice is 3StepDivorce.<\/p>\t\t\t\t<\/div>\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\tVisit 3StepDivorce\t\t\t<\/a>\n\n\t\t\t\t\t\t\t\n\t\t\t\t\tRead Our Review\t\t\t\t<\/a>\n\t\t\t\t\t\t\n\n\t\t\t <\/p>\n\n\n\n Once completed, you need to file the paperwork with your county\u2019s Circuit Court. Court employees will check over the paperwork for errors but can\u2019t give you legal advice.<\/p>\n\n\n\n When you file your divorce forms, you\u2019ll also have to pay court costs. Depending on your county, court costs can range from $200 to $300.<\/p>\n\n\n\n Filing the paperwork is only the beginning of the divorce process. You also have to make your spouse aware of the divorce documents. In Alabama, you can\u2019t give the paperwork to your spouse yourself. They require that someone outside of the marriage serve the papers to the other spouse.<\/p>\n\n\n\n Anyone who is over 18 years old and isn\u2019t involved in the divorce can serve your spouse. If you don\u2019t want to ask a friend to do this task for you, there are professional process servers you can hire for a small fee. Sometimes sheriffs will deliver the documents as well.<\/p>\n\n\n\n The act of serving your spouse just means that the server ensures they handed the divorce paperwork to your spouse or an adult that is present at their home or place of work. It\u2019s to guarantee that your spouse received the final documents.<\/p>\n\n\n\n When the process server shows up at your spouse\u2019s residence, your spouse can technically refuse to accept the paperwork. In that case, you can use certified mail to send the documents. Legally, that will count as serving your spouse.<\/p>\n\n\n\n Pro Tip:<\/strong> You may be thinking you can leave the documents in their mailbox or on the kitchen counter if you still live together, but that's not the case. Under Alabama law, you cannot serve your spouse's divorce documents yourself.<\/p><\/blockquote>\n\n\n\n Alabama courts require financial disclosures<\/a> for divorces. This is a document that each spouse must complete on their own to ensure that all property and money is evenly distributed. Each party lists financial information and outstanding debts.<\/p>\n\n\n\n This document helps the court decide if a spouse needs alimony to stay afloat financially. It\u2019s also used to determine who pays a certain amount of child support in eligible cases.<\/p>\n\n\n\n If one spouse doesn\u2019t willingly release their financial information, the court can subpoena the institutions to get the specific details. Lying on this document can result in legal penalties, so make sure you include everything from the important documents mentioned above.<\/p>\n\n\n\n Like many states, Alabama allows you to complete divorce paperwork online. However, in most states, you then have to print the paperwork and file it at the Circuit Court. This not only puts the burden of printing and signing paperwork on you, but you also have to take time out of your busy schedule to go to court.<\/p>\n\n\n\n Alabama has a unique method to allow people to complete and file divorce paperwork online without needing to make a trip to the Circuit Court.<\/p>\n\n\n\n A resident of Alabama can register as a pro se individual<\/a> so you can use AlaFile. This is a secure site authorized by Alabama courts to make filing legal documents more accessible for everyone.<\/p>\n\n\n\n While AlaFile will make your divorce process easier, you can\u2019t do everything from home. After you create a profile on AlaFile, you have to go to your local clerk\u2019s office for them to check your driver\u2019s license against your form to verify your identity.<\/p>\n\n\n\n Once you\u2019re verified, you can complete all the divorce paperwork online. You can open a new case and see all of the forms you need to fill out. If you have an uncontested divorce, you\u2019ll only have to pay your county\u2019s fees to file it online through AlaFile.<\/p>\n\n\n\n If you require a more modern and helpful user interface than AlaFile to help you file for divorce online, you can check out a 3rd party online divorce platform. After all, AlaFile is a government website and they do not focus on user experience like a professional business will.<\/p>\n\n\n\n Using AlaFile eliminates the need to go to court unless you have a contested divorce. Keep in mind that you still have to visit the Circuit Court to prove your identity when creating an AlaFile account, though. Once that\u2019s done, you won\u2019t have to go to court to file the final paperwork.<\/p>\n\n\n\n If you complete paperwork through an external site, then you still need to go to court. You\u2019ll have to print off the completed documents and file them in person at your county\u2019s Circuit Court.<\/p>\n\n\n\n The length of time it takes to finalize a divorce in Alabama can vary depending on your exact circumstances. For example, a judge will finalize an uncontested divorce quicker than a contested divorce. Having children involved may prolong your timeline as the judge makes sure their wellbeing is taken care of after the divorce is final.<\/p>\n\n\n\n Alabama has a 30-day waiting period before the court will finalize a divorce. Even the most amicable divorce will take at least 30 days, according to state law.<\/p>\n\n\n\n They call this period a cooling-off period, giving both spouses time to understand what they\u2019re going through. Once you realize how major a divorce is, you might change your mind. But in reality, it takes about that long to go through the court system, so there\u2019s no way to waive the waiting period.<\/p>\n\n\n\n An uncontested divorce is one where both parties agree to the legal terms. They are willing to split their assets and have worked out custody and child support, if applicable. No one is arguing over what they think they deserve, so there is no need to hire a mediator or lawyer to act as the middleman.<\/p>\n\n\n\n After you file paperwork for an uncontested divorce, you usually just have to wait for the 30-day cooling-off period to pass before your divorce is final. If the courts are busy, it might take six or more weeks to finalize the divorce decree.<\/p>\n\n\n\n A contested divorce means the spouses don\u2019t agree on the terms of the separation. One spouse might want full custody or dispute how much child support the other is asking for. They might not agree on how to divide their assets or are unwilling to share their financial information.<\/p>\n\n\n\n In this case, it\u2019s good advice for both parties to hire a lawyer. While you can still try to work through things yourselves, it can get emotional. It\u2019s better to have a professional who understands the law fighting for you. You can still tell your attorney what you want and why you disagree with your spouse, but they can approach it with some emotional distance.<\/p>\n\n\n\n It\u2019s also possible to hire a mediator instead of a lawyer. A mediator is another professional who can help you and your spouse rationally discuss how the marriage can be fairly dissolved. You\u2019ll get more details on the mediation option in the next section.<\/p>\n\n\n\n If hiring a mediator or attorney doesn\u2019t help you and your spouse resolve your problems, the divorce could go to trial. The contested divorce process could take months or even years, depending on how much there is to argue about, how many witnesses each of you call, and even how the courts schedule divorce trials.<\/p>\n\n\n\n In Alabama, the divorce decree will specify the difference between physical and legal custody. Physical custody is the parent with whom the child lives the majority of the time. That parent has sole physical custody while the other parent has visitation. The parents can have joint physical custody if they split time evenly.<\/p>\n\n\n\n Legal custody refers to who has the right to make decisions for the child. Both parents usually share legal custody except in extreme circumstances. If one spouse is at fault in the divorce due to mental incapacitation, alcoholism, or violent abuse, then they might not have any physical or legal custody over their children.<\/p>\n\n\n\n You\u2019ll learn more about custody and child support in a later section. Right now, it\u2019s just important to know that a divorce involving children can take longer than a divorce without children. The courts want to ensure that the children are getting the best care possible after the divorce is finalized by the courts.<\/p>\n\n\n\n If you and your spouse have children but have an uncontested divorce, your timeline could still be 30 days or not much longer. If both parents agree on custody and child support, having children involved doesn\u2019t necessarily prolong the divorce proceedings.<\/p>\n\n\n\n There are several factors that influence the divorce timelines in Alabama, for better or for worse.<\/p>\n\n\n\n One factor that causes additional stress on many couples who want to divorce is how expensive it can be. In Alabama, there are certain fees you\u2019ll have to pay whether you hire an attorney or fill out the paperwork on your own. Make sure you budget for all of the following fees as you prepare for your divorce.<\/p>\n\n\n\n You have to pay court fees to file divorce paperwork in every state. In Alabama, the exact cost varies by county. The court costs typically range from $200 to $300.<\/p>\n\n\n\n If you\u2019re experiencing financial hardship, the judge might waive the court fees. You can file an Affidavit of Substantial Hardship<\/a> if you think your circumstances apply.<\/p>\n\n\n\n Most judges automatically grant a financial waiver if:<\/p>\n\n\n\n Attorney fees vary according to the specifics of your case and your particular divorce lawyer. If you want legal help to complete the paperwork but otherwise have an uncontested divorce, you might not have to pay much for an attorney at all. Some even offer a flat fee for an amicable divorce.<\/p>\n\n\n\n Attorney fees for a contested divorce will start to add up because you\u2019re asking the lawyer to devote a lot of time to your case. The average hourly rate for a divorce attorney in Alabama is around $300 an hour.<\/p>\n\n\n\n It might seem like a hefty fee, but when you consider how much of an expert your attorney is and how their experience will help you get what you want in the divorce, it\u2019s a small price to pay. Sometimes hiring an attorney is worth the money just for the peace of mind they\u2019ll give you.<\/p>\n\n\n\n Litigation, in terms of a divorce, means that you and your spouse can\u2019t reach an agreement on your own. You have to take the case to family court for help resolving your issues. Because your case goes to court, you\u2019ll have to pay additional fees.<\/p>\n\n\n\n You\u2019ll have to pay your attorney\u2019s hourly rate, so they show up in court and fight for your side of the divorce. This means you\u2019ll also have to pay for more hours for the work and research they do behind the scenes.<\/p>\n\n\n\n There\u2019s no way to know how long the divorce might last in court, so it\u2019s hard to estimate your expenses. If it seems like your case is going to family court, ask your attorney for their advice. If they\u2019ve handled cases similar to yours, they\u2019ll most likely be able to estimate how long it will take to resolve all of the problems.<\/p>\n\n\n\n If you\u2019re worried that you and your spouse might not agree on all the terms of your divorce and take the case to family court to decide, consider seeking mediation early on in the process. You\u2019ll hire a mediator<\/a> to meet with both of you to work through your disagreements so the process doesn't get messy in the court systems and cost more time and money.<\/p>\n\n\n\n Sometimes it helps to have a third party around while you\u2019re navigating such tumultuous waters. Knowing that a neutral person is listening to your arguments might keep matters more civil. Agreeing to things on the front end can also prevent your divorce from stretching on for months while you and your spouse fight for what you want.<\/p>\n\n\n\n Many online services have state-specific paperwork that you can fill out online. Once it\u2019s complete, you\u2019ll print it off, sign it, and file it with your local Circuit Court. The price of online divorce services varies depending on how much legal help you need.<\/p>\n\n\n\n If you feel confident that you can fill out the paperwork on your own and your spouse agrees, you have several options for online divorce services.<\/p>\n\n\n\n 3StepDivorce<\/a> offers a divorce for $299 and is our preferred online divorce service and #1 in our rankings. The site has paperwork specific to Alabama divorce laws. You can complete everything online by answering a questionnaire. The software inputs your answers into the appropriate legal forms. You then print the document or have it sent to you at no additional cost.<\/p>\n\n\n\n Before you use an online divorce service, make sure you know what you\u2019re getting. Most sites, including those listed above, state that they give you your money back if the court doesn\u2019t accept your documents. If they don\u2019t offer this type of guarantee, consider finding another option.<\/p>\n\n\n\n Keep in mind that what you pay these companies is for the online divorce documents only. You have to pay state-specific court fees when you file in person.<\/p>\n\n\n\n You can also refer back to the section about online divorce in Alabama. The state is unique in that it offers residents a way to complete and file divorce paperwork online. The only fee you\u2019ll incur using AlaFile is the court filing fee, which makes this the most affordable online option in Alabama.<\/p>\n\n\n\n Custody refers to the legal responsibility a guardian has over a minor child. It can include where the child physically lives as well as who can make important decisions regarding the child.<\/p>\n\n\n\n Interestingly, most minor children are under 18 in the United States. However, in Alabama, a minor child is under 19 years old<\/a>. Therefore you might need to consider custody of a child you wouldn\u2019t think of as a minor in any other state.<\/p>\n\n\n\n Even if you and your spouse have an amicable divorce, you still need to get a custody agreement in writing. Things might cause additional tension between the two of you, and you don\u2019t want the children to suffer as a result. Having a legally binding custody agreement will give you something to protect both you and your children in case of a dispute.<\/p>\n\n\n\n The parent who has the child most often has physical custody. For example, one parent will get sole physical custody and have the child from Sunday night to Friday afternoon. The parent without physical custody has visitation and can see the child from Friday night to Sunday afternoon.<\/p>\n\n\n\n The parent with sole physical custody also gets child support from the other parent. Because they have the child more often, they have more expenses. They\u2019re feeding the child more meals and usually pay any fees that come up with school or extracurricular activities. Therefore the other parent\u2019s child support helps offset these costs.<\/p>\n\n\n\n If a parent is mentally incapacitated or violent, the judge might not grant visitation. In that case, the safe parent would have sole custody. An abusive parent might not be able to see their child at all, or the judge might request supervised visits<\/a> in a neutral location.<\/p>\n\n\n\n Some parents have joint physical custody<\/a>. This might mean that one parent has the child from Wednesday night to the following Wednesday afternoon. Then the other parent gets the child for a week. While the custody might not be exactly even, it\u2019s closer to it than sole custody and visitation.<\/p>\n\n\n\n In the case of joint physical custody, one parent might still pay child support to the other. The judge will look over the financial documents to see if one parent makes substantially more than the other. The court might order them to pay child support so the child can continue living the same quality of life they did when their parents were still married.<\/p>\n\n\n\n Legal custody refers to which parent makes decisions for the child. This usually covers things like the child\u2019s education, health, and religion.<\/p>\n\n\n\n Just as with physical custody, parents can have sole or joint legal custody. Sole legal custody<\/a> allows one parent to make these decisions without having to get the other parent\u2019s input or opinion.<\/p>\n\n\n\n Joint legal custody means both parents have equal input in major decisions regarding their child. When parents can communicate well, joint legal custody is the best way to raise the child. If your spouse contests the divorce, drags out the trial, or is abusive, it\u2019s better to try and get sole legal custody.<\/p>\n\n\n\nTypes of Divorce Laws in Alabama<\/h2>\n\n\n\n
Uncontested Divorce<\/h3>\n\n\n\n
Uncontested Divorce Requirements in Alabama<\/h4>\n\n\n\n
Pros and Cons<\/h4>\n\n\n
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Contested Divorce<\/h3>\n\n\n\n
Main issues that spouses typically disagree on are:<\/h4>\n\n\n\n
Pros and Cons<\/h4>\n\n\n
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Divorce by Default or Publication<\/h3>\n\n\n\n
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Transitioning To Divorce by Trial?<\/h4>\n\n\n\n
Residency Requirements in Alabama<\/h2>\n\n\n\n
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Grounds for Divorce in Alabama<\/h2>\n\n\n\n
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Using an Alabama Divorce Attorney<\/h2>\n\n\n\n
What Makes Good a Divorce Attorney<\/h3>\n\n\n\n
Experience<\/h4>\n\n\n\n
Honesty<\/h4>\n\n\n\n
Communication Skills<\/h4>\n\n\n\n
Confident & Professional<\/h4>\n\n\n\n
How to Find a Good Divorce Attorney<\/h3>\n\n\n\n
Interview Questions for Divorce Attorneys<\/h3>\n\n\n\n
Is the Initial Consultation Free?<\/h3>\n\n\n\n
Is the Meeting Confidential?<\/h3>\n\n\n\n
Pros and Cons of Using a Divorce Attorney<\/h3>\n\n\n
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Filing for Divorce in Alabama<\/h2>\n\n\n\n
Preparing Your Divorce Forms<\/h3>\n\n\n\n
Filing Your Divorce Forms<\/h3>\n\n\n\n
Serving Your Spouse<\/h3>\n\n\n\n
Financial Disclosures<\/h3>\n\n\n\n
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Online Divorce in Alabama<\/h2>\n\n\n\n
How to Qualify for an Online Divorce in Alabama<\/h3>\n\n\n\n
Do You Still Need to Go to Court?<\/h3>\n\n\n\n
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How Long Does It Take To Get a Divorce in Alabama<\/h2>\n\n\n\n
Uncontested<\/h3>\n\n\n\n
Contested<\/h3>\n\n\n\n
With Children<\/h3>\n\n\n\n
\u200b\u200bFactors That Influence the Divorce Timeline<\/h3>\n\n\n\n
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Divorce Costs in Alabama<\/h2>\n\n\n\n
Court Fees<\/h3>\n\n\n\n
Attorney Fees<\/h3>\n\n\n\n
Litigation Costs<\/h3>\n\n\n\n
Mediation<\/h3>\n\n\n\n
Online Divorce Service<\/h3>\n\n\n\n
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Custody Considerations in Alabama<\/h2>\n\n\n\n
Physical Custody<\/h3>\n\n\n\n
Legal Custody<\/h3>\n\n\n\n
Factors That Influence Custody<\/h3>\n\n\n\n