Steps to Filing a Divorce in Auburn
The divorce law firm of Singleton & Associates, LLC Attorneys at Law proudly serves the cities of Montgomery and Auburn. We offer the following information on the process and steps required for filing a divorce in Alabama as a high-level overview of what clients can expect. For detailed information regarding your case, please contact us for a consultation.
1. Meeting the residency requirement
In Alabama, at least one of the spouses must have lived within the borders of the state for six months prior to filing for divorce.
2. Meeting the grounds requirement
There are twelve legal “grounds” or acceptable reasons under law for filing for divorce in Alabama. Your attorney can discuss your situation and help you identify the most suitable one(s) you should claim in your petition.
3. Filing the divorce papers
You will file a summons and a petition for divorce at the county courthouse closest to your residence in Montgomery or Auburn. The divorce papers typically address how you would like to handle the following:
- Divide marital property, bank accounts and investments
- Divide responsibility for remaining marital debt
- Establish alimony demands, if any
For couples with children:
- Physical custody of the children
- Visitation schedule
- Child support payments
- Which parent will provide insurance
- Which parent will claim the children as dependants on their income taxes
4. Serving your spouse
The petition will be “served” or handed to your spouse by a sheriff or constable. Alternately, you may hire a process server to deliver the petition. Your spouse then has 20 days to respond once he/she has been served. If he/she does not disagree with anything in the petition, all he/she has to do is sign the papers and return them to the court.
However, if your spouse chooses to contest anything in the petition, he/she will provide his/her response in an official Answer, which is a document used to express your spouse’s opposing views and make any counter-offers or other requests regarding support and division of the marital assets.
If your spouse doesn’t respond in any way to the petition, the court will issue a default verdict giving you everything you requested in your petition for divorce. If this happens, your spouse will be unable to object to the terms of the divorce.
5. Waiting period requirement
Alabama mandates that couples wait for 30 days after filing a petition to divorce for the divorce to be finalized. The waiting period, it is hoped, will prevent spouses from making any hasty decisions about ending their marriage that they later regret. However, after this period has lapsed, the judge will consider all documents submitted, reach a decision on the outlined issues, and sign a Decree of Dissolution of Marriage. This officially ends your marriage and concludes the divorce process.
For more information on or assistance with the divorce filing and process in Montgomery and Auburn, AL, please call Singleton & Associates at 866.604.9720, or submit our quick contact web form.
