Divorce papers in Alabama — filing for divorce in AL

Online divorce in Alabama

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How to get divorce in Alabama

Online Divorce provides qualitative and approved by the court Alabama divorce papers. The information below will help you understand more about the divorce in Alabama. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in Alabama. We guarantee that in a short time you will receive the correct Alabama divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.

Below you can find common steps of how to get divorce in Alabama:

1

If you want to divorce in Alabama first of all you need to prepare your divorce forms.

2

You have to be sure you are filling the correct forms of your county.

3

You or your spouse have to be a legal resident of Alabama state in order to file for one of court in this state.

4

You have to be legally married if you want to divorce in Alabama.

5

You can file for a fault divorce and for no-fault divorce as well.

6

Once you have filled all the necessary documents you can file them to the court that belongs to your county.

7

You need to fill all your Alabama divorce documents. A lot of people do not like to fill the documents and it is understandable as it requires a lot of time and energy.That is why most of the attorneys and judges recommend to ask for a help Online Divorce. We know that you do not have time to fill all the document and we know it is difficult for you. We know that you do not have big sums of money and that all this divorce process is a great stress for you.

That is why Online Divorce can help you with

  • Choosing appropriate divorce form documents that correspond to your divorce case;
  • Filling these documents out according to the rules of Alabama;
  • Saving your time for all the divorce issues;
  • Saving your money you are going to spend for an attorney;

Residency:

You or your spouse should have legal Alabama residence. So you need to live in Alabama for at least 180 days (6 month) in order to file for divorce in this state.

That is obvious that you also need to be the US citizen and live in the USA for at least 10 years. Some people think they have to go back and apply for divorce in their country if they are not residents of the USA, but this is not true. At least one spouse in a family should be a resident and it is enough to file the USA courts.

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Valid grounds to get divorce in Alabama

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As we already mentioned you can file for divorce in Alabama for fault and no-fault reasons.

Here is a list of fault grounds:

#1

Adultery (one spouse had a sexual relationships with another person);

#2

Impotence (one spouse can not have sexual relationships because of physical disability);

#3

Abandonment;

#4

Irretrievably broken relationships (when you do not see any hope for your future relationships and you can not live together with this person any longer);

#5

Domestic violence (a one spouse hurt another or a spouse hurt children);

#6

If partner do not live together for more than 2 years;

#7

Alcohol, drug or any other addiction;

#8

When a wife was pregnant before marriage without husband knowledge;

#9

Abnormal sexual behavior;

#10

If a spouse is in prison for at least 2 years with a sentence minimum 7 years;

#11

Incompatibility prohibiting the spouse from living together;

#12

If a spouse is insane and lives in a mental hospital for at least 5 years;

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Annulment of the marriage in Alabama

Sometimes people do not want to get a divorce, because of their religious believes, but at the same time they do not want to stay together with a partner. In Alabama it is possible to file for annulment of your marriage, but if you have certain reasons such as:

  • you and your spouse were less than 18 years old. In Alabama it means you and/or your spouse were 14 years old. If you were older than this age you can’t file for annulment in Alabama;
  • your spouse lied to you about something very important like his/her identity, financial issues, pregnancy, diseases, etc;
  • you want to have children and your partner is impotent;
  • you or your partner was drunk during the wedding ceremony. In this case you can file for annulment as your partner was not able to commit responsibility to the ceremony;
  • your partner was legally married to someone else when he/she entered the marriage with you. Bigamy is prohibited in Alabama;
  • your partner forced you to marry him and you did not want to do it ( but you should file for annulment in this case no later than 1 years after the wedding ceremony, as the court may consider that you liked to live in such marriage if you filed 2 years after it);
  • you can annul your marriage in Alabama if you and your spouse are whole blood or half blood relatives. That means you can’t marry with your brother, sister, father, mother, aunt. uncle, grandmother, grandfather, etc. You also can't marry with adopted brothers and sisters as they are considered like family members as well;

If you are Catholic and you do not want to divorce in Alabama as you do not believe in it, but you do not want to stay with your partner as well, you may go to Catholic church and ask a priest to annul your marriage. But unfortunately church is not able to solve your legal issues that is why you still need to file the court. If your reasons for annulment does not fit any of the reasons in the list mentioned above, there is another way for you.

You can get a legal separation in Alabama. As well as divorce in Alabama, legal separation will help you to solve your problems with property division, child custody, child support, alimony (spousal support), etc.

Legal separation

When people do not meet requirements for the annulment of their marriage and they still want to live apart, in Alabama state they may file for legal separation. This is an alternative of the common divorce. The only difference between the legally separated and a divorce person is that legal separation does not have rights to marry any other person until you get a divorce in Alabama.

The main advantage of a legal separation is that is gives a person opportunity to live apart from his/her spouse and to divide all the property and children, receive spousal and child support, but it is not called a divorce.

The reasons for legal separation in Alabama may be considered:

  • you and your spouse relationships are irretrievably broken.
  • you and your spouse can not live together as you have too many disagreements.
  • you and your spouse want to live in different place.

For many religious people it is very important to tell people that they just do not live with their spouse, but they are not divorced. This is because divorce is considered as a big sin in many christian churches and people do not want to feel guilty after divorce and explain everyone why their relationships did not work.

Some conservative churches may even separate such person or a family (if they both were a member of this church) from church and the people of this organisation will not be allowed to keep in touch with such sinful person or family.

Reconciliation

Sometimes people after legal separation want to go back to their family life and start living together again. In this case you should go to the court and file for dissolving of legal separation. In this case you can continue living together as a family.

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Custody of the child in Alabama

Custody of the child

During the divorce in Alabama custody of a child is always considered as an important issues. Earlier the court gave preferences of child custody to the mother, but nowadays the attitude of the court to the fathers has changed as it is obviously that sometimes the fathers take care about children more than mothers. So when a judge decides with whom a child will spend his/her life the following factors may play role:

  • child’s desires ( whether a child wants to be with a mom or with a dad)
  • parent’s desire ( if parent does not want to be with a child the court will rarely oblige him/her to take care of it)
  • what school a child will attend
  • relations of a child with other members of a family ( brothers, sisters, grandmother, aunt, any other important person in child’s life)
  • any history of domestic violence
  • any history of drug, alcohol or any other addictions
  • parent’s moral character
  • parent’s financial situation 
  • mental and physical health of a child
  • mental and physical health of a parent
  • any other important facts that will influence child’s life.

All the decisions as for child’s custody the court takes in accordance with child’s best interests and the gender of a parent is not taken into consideration. The court can give a sole legal custody to a parent and it means that he/she will have rights to make all the important decisions about child’s present and future. On the other hand a parent can be given sole physical custody to a parent. it means that a parent has rights to take care about the child most time while the other parent has right just to visit a child during the certain days.

Rules for child support in Alabama

If you divorce in Alabama there is a certain rules for a child support. These rules are governed by Alabama Child Support Guidelines. So according to the law of Alabama all the child support calculation result from the Alabama Child support and this is considered as a correct amount of child support. But if you are not agree with child support calculation you can always ask your attorney for a help and prove otherwise.

There are many factors that may influence the amount of a child support such as:

  • Whether you have a sole or shared child’s custody.
  • Expenses for transportation a child to his/her another parent.
  • Expenses for education (college) when a child reaches a certain age.
  • Assets or unearned income that was received by child/children.
  • Parent’s health, financial, moral situation.
  • Any other factors that the court may consider as important.

Here is a common calculation of a child support (when an income of a parent is 6000 $ or less):

 

1 child

17% of income

 

2 children

25% of income

 

3 children

29% of income

 

4 children

31% of income

 

5 children or more

34% of income

Uncontested Alabama divorce with children
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Rules for spousal support in Alabama

Rules for spousal support

Spousal support or as it is officially called alimony is a payment of a spouse to his/her another spouse. Alimony was made in order to organise the same living conditions for both partners after divorce. 

Why is it important?

It is very essential to calculate alimony and to pay it to the partner as there are different life situations.

For example sometimes wife was sitting with minor kids and never had opportunity to get a proper education or to get a working experience. At the same time husband got a good education and obtained a very good position. He earns good money and has a big working experience. In this case after divorce wife needs spousal support as she can not work on a decent job and make good money.

There are situations when a spouse can stop paying alimony:

  • When a spouse who receives alimony married another person.
  • When a spouse who receives alimony started to date and live with another person.
  • Death of either spouse.
  • Other factors.

Alimony is paid on a regular basis and the amount of alimony is tax deductible by the payer spouse, this amount is usually added as an income of the receiving spouse.

Calculation of the spousal support amount is based on the following things:

  • How long the spouses were married.
  • The value and type of property.
  • Health of both spouses.
  • Age of the spouses.
  • Spouses ability to earn money.
  • Education of the spouses.
  • The behaviour of the spouses (misbehaviour by any spouse can be considered in determining whether to give alimony or not).
  • Any other factors the court will consider as important.

Divorce without a lawyer in Alabama

If you apply for a divorce in Alabama, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Alabama can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.

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Mediation support in Alabama

Any spouse has a right to ask for help from mediators in resolving disputes during a divorce in Alabama. Sometimes it is difficult for a spouses to agree as all the bitterness and offences do not let people to decide everything in a peaceful way.

In such cases it is a good idea to hire a mediator in order to help both parties to reach an agreement. Mediator is an independent party that usually meets with each spouse individually and try to do his best in order to solve all the difficult issues of the couple about property and children division.
An Alabama attorney can also assist you with divorce mediation.

Divorce forms in Alabama

There are a lot of different divorce forms in Alabama, such as Complaint for Divorce, Separation Agreement, Summons/Civil, Affidavit of Substantial hardship, Certificate of Commissioner, Affidavit of Residency, Decree of Divorce and others.

But it does not mean you have to fill them all. You have to fill only those forms that will fit to your case. Sometimes people do not know what forms to choose and how to fill them correctly. It is very important, because if you choose wrong forms and/or fill them not appropriately the court will not accept your documents. This all factors can make a divorce in Alabama a long, stressful and time consuming process.

That is why do not hesitate to ask us about a professional help! It is always easier to solve your divorce problems in Alabama with Online divorce.

We will help you with:

  • Choosing the appropriate divorce form documents that you need for your case; 
  • Filling all the document correctly;
  • Answering all your easy and difficult question about divorce in Alabama;

Uncontested divorce in Alabama

Uncontested divorce in Alabama

Usually uncontested divorce is a smooth and quick process. So you have to sit and discuss with your partner all the important aspects of your life such as property, children, alimony, child support and other things.

Next step you have to sign a Divorce agreement.

According to the law you can write to your divorce agreement all the big and little details such as will a child attend basketball or soccer section, will a parent smoke in front of a child, how a house will be sold, what babysitter will your child have, etc.

The main advantage of the uncontested divorce is that you do not need an attorney.

You need just to sing the Divorce Agreement in attorney presence, but then you may file for the court without him/her.

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