Alabama Divorces: Frequently Asked Questions – Phenix City, Alabama Lawyer Mark JonesI
Lawyer Mark Jones is often asked about the procedural requirements for obtaining a divorce in Alabama. Here are some of the basics regarding family law in Alabama:
Question: How Long Must I Live In Alabama Before I Can Get a Divorce?
Answer: In some states, you only need be a resident for as little as one month, e.g., Nevada has a very short residency requirement.
In Alabama, when the soon-to-be ex-spouse is a non-resident of Alabama, the spouse filing for divorce must have been a resident of Alabama for 6 months prior to filing for divorce. This is a procedural requirement under Alabama law that must be satisfied prior to filing the complaint for the divorce.
Question: Where do I File My Divorce Case in Alabama?
Answer: Venue or what county the divorce papers are filed in in Alabama is governed as follows.
Resident Defendants: (a) in Alabama, proper venue for a divorce lawsuit is the Circuit Court of the county in which the defendant resides; (b) or in the Circuit Court of the County in which the parties resided when the separation occurred.
Non-resident Defendants: for non-resident defendants the action is filed in the Circuit Court in which the spouse filing for the divorce (i.e., the Plaintiff) resides.
Question: How Long Will My Alabama Divorce Take Once it is Filed?
Answer: Alabama law requires that thirty (30) days elapse from the filing of the summons and complaint before a final judgment of divorce be entered. Alabama further requires that neither party to the divorce may remarry, except to each other, until sixty days after the judgment of divorce is entered. If the judgment of divorce is appealed, the parties may not remarry, except to each other, during the pendancy of the appeal.
Queston: What Are the Grounds for Divorce in Alabama?
- Abandonment for over one year prior to filing of divorce action
- Imprisonment for a felony conviction for a period of two years and the sentence is seven years or more
- Commission of crime against nature
- Drug or Alcohol Addiction
- Incompatibility of Temperament
- Irretrievably Broken
- Pregnancy of wife prior to marriage without husband’s knowledge
- Placement of other party in fear of actual violence
- Where husband has not supported wife for a period of two years plus living apart