Getting a divorce requires separating couples to navigate a complex legal process while going through a difficult, often painful emotional transition. If you're considering dissolving your marriage, you likely have more questions than answers and may not even know where to begin. The attorneys at Backus Law Group in Montgomery know how difficult this experience can be, which is why they've prepared an overview of Alabama's family and divorce laws.
To file for a divorce in Alabama, at least one partner in the marriage must have been a resident for at least six months. Because a simplified divorce is a joint petition, they can be filed anywhere in the state, but any other divorce petition must be filed in the county where the non-filing spouse lives. If the other spouse lives out of state, then the petitioner can file in his or her own county.
Grounds For Divorce
Unlike many other states, Alabama divorce law requires that the petitioner provide a legal grounds for dissolving a marriage. Most of the statutory causes of a divorce need to be proven, but two (irretrievable breakdown and incompatibility) are considered “no fault” and require no proof. Proving an at-fault grounds for divorce may impact the outcome of your settlement, so consult an attorney before deciding.
Under Alabama divorce law, all property that the individuals had going into the marriage belong to them alone, while everything else is considered joint property. While the division does not have to be 50/50, the court will attempt to make the distribution of assets as fair and equitable as possible.
Throughout the years, divorcing couples throughout the Montgomery area have relied on Backus Law Group for help making the process as smooth as possible. Visit their website to learn more about how they can help, or schedule a consultation with an attorney today by calling (334) 265-0800 today.