Alabama No fault Divorce
In a no fault divorce, if one divorcing partner unilaterally requests for divorce and the other divorcing partner does not agree to divorce, then, it is simply a matter of some time and money before the divorce is finalized. After it is proved that the divorcing partners are residing separate and apart for minimum 2 years, the divorce can be granted.
Residency requirements of Alabama No Fault Divorce
- If both the divorcing partners are residents of Alabama, no duration of residency has been specified
- If one of the divorcing partners is a resident of Alabama and the other is not, then, the former partner must have lived in this state for minimum 6 months prior to the date of filing
- If the divorcing couple has minor child(ren), they must be under the jurisdiction of the court. This implies that the child(ren) must be presently residing in the state and must have resided for minimum 6 months
Grounds for Alabama No Fault Divorce
- Irretrievable breakdown of the marriage: There is no possibility of any patch-up between the divorcing partners
- Incompatibility: This implies that the temperaments of the divorcing partners are so incompatible that they cannot reside together in the future
- The no fault divorce is granted if prior to the filing of the case, one divorcing partner voluntarily abandons the other
- Prior to filing for a no fault divorce, the divorcing couple must have separated for minimum 2 years
Procedure
- The circuit court is the venue for filing the divorce
- The circuit court of one of the following counties is chosen to file the divorce
- The county wherein the divorcing couple lived when the separation took place
- The county where one of the divorcing partners resides
- Once the papers are filed in the court, the Petitioner must serve the Respondent with the papers. This is done by hand-delivery or mailing a copy of the papers
- The Respondent has to sign a legal document and this is a proof of the receipt of the papers
- This signed legal document is filed in the court
- After the date of filing the papers in the court, there is a waiting period of 30 days. After this duration is over, the divorce can be finalized
- The Judge reviews the paperwork and takes a decision regarding whether a hearing must be scheduled and whether the divorcing partners should remain present for the hearing
- In case of an uncontested divorce, the divorcing partners can try to settle the issues between themselves in the waiting period. Once the 30 day period is complete, the divorce decree is granted
- In a contested divorce, issues are raised in the court. After the final ruling regarding these matters is made, the divorce decree can be granted
- After the date when the divorce is finalized, there is a 60 day waiting period. When this span is over, the divorced partners are permitted to remarry
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