Understanding Divorce Grounds in Alabama
When you are seeking a divorce from your spouse, the first step is establishing the reasons or grounds for your request. For many people, the reason for filing for divorce is that the marriage has broken down irretrievably, and the two spouses are no longer compatible.
In some cases, however, other reasons for divorce may affect how assets and debts are divided between the parties. These circumstances might include physical or mental incapacity, such as when one spouse suffers from a severe disability, is in a coma, or has been confined to a mental health facility. Alternatively, a spouse may have committed criminal actions against the other, such as domestic abuse, and now be incarcerated. When situations become unexpectedly complicated, our experienced Birmingham divorce attorneys can provide guidance tailored to your circumstances.
Here are some of the most common grounds for divorce under Alabama law:
- Irretrievable breakdown – When both spouses agree the marriage cannot be repaired
- Adultery – When one spouse has had a sexual relationship outside the marriage
- Abandonment – When a spouse has left the other and remained separated for a required period
- Substance abuse or addiction – Long-term addiction that impacts the marriage
- Imprisonment or conviction – If a spouse is convicted of a crime and incarcerated
- Domestic violence or cruelty – Abuse or cruel treatment by one spouse toward the other
- Mental illness or incapacity – If a spouse has suffered long-term institutionalization for mental health reasons
In Alabama, you can seek a divorce either on fault-based or no-fault grounds. No-fault divorce is often used where neither party is legally blamed for ending the marriage, typically citing incompatibility or irretrievable breakdown. Fault-based grounds may include abandonment, adultery, substance abuse, imprisonment, or domestic violence. Choosing the proper grounds for your divorce can have a significant effect on property division, alimony, or even child custody. Our team is familiar with how Jefferson County courts interpret these grounds and can help you decide which approach fits your needs.
Divorce Legal Guidance For Every Step
Even when both parties agree to divorce, the process can quickly become complicated as you work to divide possessions, assets, and debts. If children are involved, emotions may be heightened as you work toward arrangements for child custody, support, and visitation. No matter what issues arise in your case, you can count on our Birmingham divorce lawyers to advocate for your interests.
These are some of the main steps you can expect in the Birmingham divorce process:
- Filing the complaint – Preparing and submitting your petition with the appropriate Jefferson County court
- Serving your spouse – Providing legal notice to the other party
- Receiving a response – Waiting for the spouse to answer or contest the petition
- Discovery and disclosure – Gathering and sharing information about assets, debts, and relevant facts
- Negotiating or mediating agreements – Attempting to resolve issues before trial
- Attending hearings and conferences – Presenting your case in front of a judge when needed
- Obtaining the divorce decree – Finalizing the divorce through a court order
Working with a divorce attorney in Birmingham gives you guidance for each step before the divorce is final. The process usually begins with filing a complaint in the correct Jefferson County court, notifying the other spouse, and waiting for a response. Depending on the case, some divorces are resolved through negotiation or mediation, while others may proceed to trial. Throughout the process, our role includes preparing legal documents, assisting with responses, helping you organize financial information, and providing representation during hearings, settlement conferences, or court appearances. Having a clear understanding of these steps can help reduce uncertainty and help you make informed decisions.
Just some examples of the issues that we can handle include those dealing with:
- Getting a contested or uncontested divorce or separation
- Dissolving a civil partnership
- Settling financial affairs following a divorce
- Making arrangements for child support
- Organizing child custody and visitation
- Allocating alimony or spousal support
- Any legal agreements made together, such as prenuptial and post-nuptial arrangements
Our divorce lawyers in Birmingham also assist with related matters such as temporary orders for spousal support, emergency custody arrangements, and modifications to existing agreements. Each divorce presents unique challenges, such as dividing ownership in a business, handling jointly owned property, or maintaining parental rights and access. By evaluating these issues early, we can suggest options that fit your family's situation under Alabama law. Our aim is to protect your rights and help you achieve clarity and stability as you move forward.
Frequently Asked Questions
How long does it take to get a divorce in Birmingham, AL?
Divorce timelines vary depending on whether your case is uncontested or contested. An uncontested divorce, where both parties agree to the terms, may be completed in as little as 30 to 60 days in Jefferson County courts. Contested divorces that involve disputes may take several months or longer, depending on how complicated the issues are, such as property division and custody.
What are the costs associated with hiring a Birmingham divorce lawyer?
Legal costs for a divorce attorney in Birmingham depend on the details of your case and your arrangement with your lawyer. Most attorneys charge hourly rates. Additional charges may include filing fees, mediation costs, or fees for expert witnesses. Many lawyers offer initial consultations so you can review your options before proceeding.
What if my spouse lives outside Birmingham or Alabama?
You may still file for divorce in Birmingham if you or your spouse live elsewhere, but there are residency requirements under Alabama law. The courts in Jefferson County often handle cases involving parties from different cities or states. Your attorney can guide you through the process to help your divorce proceed as smoothly as possible.
Get Support From Our Birmingham Divorce Lawyers
Although divorce may be the right option for some couples, the process can be deeply emotional. Many people feel overwhelmed and alone by the task of gathering forms and attending court. You do not have to go through this time by yourself. Our dedicated Birmingham divorce attorneys provide thoughtful counsel and support to help you move toward your goals.
Call The Law Office of Brad J. Latta today at (205) 236-7134 or contact the firm online to ask any questions you may have about getting a divorce from our Birmingham divorce lawyers.
