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How Do I file for Divorce in Alabama?

Posted by Sam P. Dixon, III | Apr 18, 2024 | 0 Comments

At Dixon Law, LLC, family law attorney Sam P. Dixon III in Birmingham, Alabama helps clients know what they must do legally for a divorce so that your rights are protected, and obligations are met. If you are seeking a divorce in Alabama, contact our office today either online or directly at (205) 616-8896 to schedule a Free Consultation.

To file for divorce in Alabama, you'll typically need to follow these general steps:

  1. Meet Residency Requirements: Ensure you meet Alabama's residency requirements, which typically involve either you or your spouse being a resident of the state for a certain period of time (usually six months).

  2. Choose Grounds for Divorce: Alabama allows for both fault-based and no-fault divorces. You'll need to decide on the grounds for your divorce, which could include things like adultery, abandonment, irretrievable breakdown of the marriage, or incompatibility.

  3. Prepare and File Forms: Obtain the necessary forms for filing for divorce in Alabama. These forms can usually be found online through the Alabama Unified Judicial System website or obtained from your county courthouse. Fill out the forms completely and accurately.

  4. File Forms with the Court: Take the completed forms to the clerk's office at the county courthouse where you or your spouse resides. You'll need to pay a filing fee at this time, unless you qualify for a fee waiver based on financial hardship.

  5. Serve Your Spouse: After filing, you must serve your spouse with a copy of the divorce papers. This can be done through a process server, sheriff's deputy, or by certified mail with return receipt requested.

  6. Wait for Response: Your spouse will have a certain amount of time to respond to the divorce petition after being served. If they contest the divorce or have any objections, this could lead to additional legal proceedings.

  7. Negotiate Settlement or Attend Mediation: If possible, try to negotiate a settlement with your spouse regarding issues such as property division, child custody, and alimony. If you're unable to reach an agreement, you may be required to attend mediation to attempt to resolve disputes.

  8. Attend Court Hearings: If your divorce is contested or if you need to address certain issues in court, you'll likely need to attend hearings scheduled by the court.

  9. Finalize the Divorce: Once all issues have been resolved and any waiting periods have passed, the court will issue a final divorce decree. This legally terminates your marriage.

It's important to note that divorce proceedings can vary depending on the specifics of your situation and the county where you're filing. Consulting with an experienced family law attorney to ensure your rights are protected throughout the process is very important. Contact Dixon Law, LLC today either online or directly at (205) 616-8896 to schedule a Free Consultation and to learn more about your legal options and rights.

About the Author

Sam P. Dixon, III

Mr. Sam P. Dixon, III was born in Mobile, Alabama. The great-grandson of the Alabama Governor, Frank Dixon, Sam has come from a long family history of politics and the legal profession. Mr. Dixon always admired and respected the legal profession and aspired to help people obtain justice and fairn...


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