When two people, who have once agreed on all the conditions, decide to challenge their marriage dissolution in court, they must do all possible to restore their union. This is the best way to protect yourself from a situation when the judge grants the divorce and you comply with the terms.
If your couple has some particular characteristics, then you and your partner may be eligible for divorce. Apart from residency requirements, these requirements must be fulfilled in order for the court to accept your claim. They include:
That your marriage has lasted less than 9 years;
That there is no pregnancy at the time of dissolution;
There is no possibility for a reconciliation period;
Both of you are stable and can provide the other requested conditions;
There is no attempt to reconcile any debts or possessions;
In case there is an attempt to reconcile, one of you does not live with the other, and you have no wish to do so.
If these requirements are not met, the court may decide to accept your uncontested dissolution of marriage. Please note that the residency requirements must be fulfilled by both of the spouses.
If they are not, the court may accept the petition even if one of the spouses has lived in Alabama for at least six months before filing. Please note that the residency requirements do not imply that one spouse must be a resident of Alabama for the whole time period of the process.
Finalizing the divorce process
In Alabama, divorce is often defined as a go/no-fault dissolution of marriage. This definition does not imply that the spouses intended to end their marriage, and therefore, the justification of their choice is not necessary. Nevertheless, this definition also implies the fact that the dissolution of marriage is not the only option for those who want to get divorced in Alabama. There are also terms that refer to this process in Alabama and its requirements. For example, divorce in Alabama is the sum total of all permissible grounds for dissolution. It is different for those who want to file for divorce in Alabama without a lawyer and have no children.
Divorce papers in Alabama
In Alabama, the plaintiff (the spouse who initiates the divorce process) provides a petition to the court. This is the main document that the initiating party of the legal action wants to submit to the court. The second (the spouse who will respond to the petitioners claim) is the response to the petition. The third (the spouse who will be served with the documents) is the opportunity to appear for a hearing. The fourth (the spouse who is not answering the petitioners claim) is the opportunity to request a divorce. The judge is the official who will review all the information provided by the petitioners spouse. If there is no response from the initiating party in 30 days, the hearing is scheduled. If there is a response and agreement from both partners, the divorce is granted.
If anyone wishes to file for a divorce in Alabama, they go to the circuit court to register their petition. There they will register the information they have provided in the petition and pay the filing fee. The respondent (the spouse of the petitioner) is then notified about the divorce process. He or she is also invited to attend the hearing. At this stage the divorce is considered to be legally completed. If the judge approves the settlement and you sign the prepared document, the divorce is granted.
Alabama divorce forms
Regarding the divorce papers in Alabama, it should be noted that the petitioner must fill out the following documents:
Financial papers providing data about your shared belongings or any debts you might have
The Petitioner (the partner who initiates the divorce process)
Agreement of the facts stated in the petition
Waiver of Service of Summons
Affidavit of Service by Mail or Affidavit of Witness
The Final Decree of Divorce
The Summons should be delivered to your spouse as the result of the divorce process. It is necessary to sign and notarize the papers before they are sent to court. The document kit will inform the court about the divorce details you have agreed on and the reasons for the divorce.
Once the papers are signed, the plaintiff has to wait for a few business days, during which the judge will investigate the papers and make a decision on the fate of your marriage. Alabama divorce law states that the plaintiff has 30 days from the day of submission of the document kit to get a divorce. If no decision is made within those 30 days, the case is re-opened and the judgment is given.
Divorce in Alabama
The division of marital obligations and property is a core legal principle of Alabama divorce law. It is necessary to meet this principle in order to get the divorce. The various provisions of Alabama divorce law are designed to help divorcing couples reach a dissolution in a timely manner. The first Alabama divorce provision is called the presumptive decree. It is applicable to all cases of uncontested divorce.