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Alabama Divorce Laws
What to Expect When Help Yourself Divorce Prepares Your No Fault Alabama Divorce.Grounds for Divorce.
Your divorce papers will be prepared based on the ground that there has been an irretrievable breakdown of the marriage. This means you and your spouse agree to file a "no-fault" divorce.
Residency.
To file for divorce in Alabama using Help Yourself Divorce, at least one spouse must be a resident of the state of Alabama. If both spouses are residents, there is no specific period of residency required. However, if one spouse is not a resident of the state of Alabama, the court requires the other spouse to reside in the state of Alabama for at least six months before you are allowed to file there.If you and your spouse have minor children, the court must have jurisdiction over them. Generally this means your children must currently live in Alabama, and must have lived in Alabama for at least six months.
Filing For Divorce.
You can file for divorce EITHER in the circuit court of the county where one spouse resides, OR in the county where you and your spouse resided when the separation occurred.
Serving Your Spouse.
After filing the papers with the Court, you must "serve" your spouse with the papers. This is done by mailing or hand-delivering a copy of the papers to your spouse. Your spouse wil then sign a legal document admitting receipt of the papers, and that form is filed with the court. Formal service by Sheriff or process server is not required in an agreed divorce.
Waiting Period.
There is a waiting period of 30 days from the date you file your papers with the court, before your divorce can be finalized.Learn more about the divorce procedure.
Hearing.
Not all cases require a hearing, and after reviewing the paperwork, the judge will let you know whether or not you and/or your spouse must attend a hearing.
Additional Information.
After your divorce is final, there is a 60 day waiting period before you are allowed to remarry.
©Help Yourself Divorce 2002-2008
IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Seek help from an attorney if you need legal advice.