An Alabama divorce, or dissolution of marriage, can be filed in Alabama by either spouse to end the marital relationship. Upon completion of an Alabama divorce, the parties are restored back to single status. The court will also issue any necessary orders for child support and custody, alimony (spousal support) and the division of community and separate assets and debts. Currently, LegalZoom does not offer our self-help uncontested divorce service in the state of Alabama. However, through our lawyer listing service, you can post your specific case for free and Alabama attorneys will respond to you and compete for your business. You can decide what to do at that point.
Specific evidence must be presented at a court hearing to support a default judgment in a divorce in Alabama. Acceptance and waiver of service is allowed if signed by the Respondent spouse and a credible witness. There is a 30-day waiting period after the filing of the summons and complaint before a judge may issue a final judgment of divorce. Testimony in an uncontested divorce in Alabama may be taken before a court clerk, by sworn statements, or by transcripts of oral depositions. A standardized Child Support Guidelines form and Child Support Income Statement/Affidavit must be filed in every case in which child support is requested.
?Traditional? Dissolution (divorce) of Marriage: A traditional dissolution of marriage is typically available when the Petitioner and Respondent spouses do not qualify for a Summary Divorce or Divorce by Default.
Alternatives to Divorce in Alabama
A legal separation can be filed by a married person who wishes to maintain the marriage but physically separate and try to resolve any problems in the marriage. A divorce "from bed and board" may be granted for cruelty or for any of the same causes for which a standard divorce may be granted if the spouse filing desires that the divorce be limited to a divorce "from bed and board."
An annulment is sought in order to nullify the marriage and disavow its existence, returning the parties to their prior single status, as if they never married. Annulments are most often sought by people who feel stigmatized by the status of being divorced, or for ease of remarriage in their particular religion. If there are children born of the marriage, an annulment may not be granted, and the marriage may only be dissolved by divorce.