Frequently Asked Questions About Divorce Proceedings in Shelby, Jefferson, and St. Clair Counties

Going through a divorce can be an emotional and complex process. If you are considering or currently involved in a divorce in Shelby, Jefferson, or St. Clair County, understanding the legal process can help you navigate this challenging time. Below are answers to frequently asked questions about divorce proceedings in these counties.

Where Do I File for Divorce?

• Jefferson County: Birmingham Division (716 Richard Arrington Jr. Blvd N, Birmingham, AL 35203) and Bessemer Division (1851 2nd Ave N, Bessemer, AL 35020)

• Shelby County: 112 N Main St, Columbiana, AL 35051

• St. Clair County: Pell City Courthouse (1815 Cogswell Ave, Pell City, AL 35125) and Ashville Courthouse (165 5th Ave, Ashville, AL 35953)

What Are the Grounds for Divorce in Alabama?

Alabama allows for both no-fault and fault-based divorces:

• No-Fault Grounds: Incompatibility or an irretrievable breakdown of the marriage.

• Fault-Based Grounds: Adultery, abandonment, imprisonment, substance abuse, mental incapacity, domestic violence, or other serious issues.

How Long Does the Divorce Process Take?

• Uncontested Divorce: Can be finalized as soon as 30 days after filing.

• Contested Divorce: May take several months or longer, depending on disputes over property, child custody, or support.

What Is the Difference Between an Uncontested and Contested Divorce?

• Uncontested Divorce: Both spouses agree on all terms, including division of assets, child custody, and support.

• Contested Divorce: Disagreements on one or more issues require court involvement to settle disputes.

How Is Property Divided in a Divorce?

Alabama follows equitable distribution, meaning property is divided fairly but not necessarily equally. The court considers factors such as:

• Length of the marriage

• Each spouse's financial situation

• Contributions to the marriage (income, homemaking, child-rearing)

• Fault in the divorce (e.g., adultery may impact property division)

How Is Child Custody Determined?

The court bases custody decisions on the best interests of the child, considering:

• The child's relationship with each parent

• Stability of each parent's home environment

• Each parent's ability to provide for the child's needs

• The child's preference (if old enough to express one)

Will I Have to Pay or Receive Alimony?

Alimony (spousal support) is determined based on factors such as:

• Length of the marriage

• Financial need of one spouse vs. the other's ability to pay

• Standard of living during the marriage

• Contributions to the marriage (financial or non-financial)

What If My Spouse Does Not Want a Divorce?

If one spouse files for divorce, the other cannot prevent it. The court can proceed with the divorce even if one party refuses to participate.

Do I Need an Attorney for My Divorce?

While it is possible to handle an uncontested divorce without an attorney, legal representation is highly recommended for contested divorces, cases involving children, or significant assets.

If you are facing a divorce in Shelby, Jefferson, or St. Clair County, Dixon Law, LLC is here to help. Contact us for a free consultation at 205-616-8896 or visit our Contact Us page to fill out a submission form. Let us guide you through this process and protect your rights.