In Alabama, couples who plan to get divorced must live separately prior to filing. The laws are strict, and cohabitation is not permitted for divorcing couples. It is necessary for the couples to separate their assets and set up child custody arrangements for children that resulted from the marriage. Couples that cannot finalize an agreement must participate in a divorce trial. Belser Law Firm LLC could help couples with these challenges.
Are Multiple Grounds Available in Alabama?
No, petitioners are limited to no-fault divorce grounds such as an irretrievable breakdown of the marriage. The no-fault divorce ground doesn’t require any proof in the state of Alabama. However, in instances where domestic violence occurred, a fault-based ground is used. Under the circumstances, a protection order is required, and the case is linked to the criminal case against the defendant.
What are the Residency Requirements?
All petitioners must live in the state for at least ninety days before starting any divorce action. They must provide evidence of residency to their respective attorney. A driver’s license or lease is sufficient evidence of residency.
How Does Discovery Work?
Each party must provide a list of all assets to the attorneys. The list represents all marital assets accumulated during the marriage. Each spouse has a legal right to one-half of the assets. The discovery process is a search conducted to determine if either spouse has hidden assets. Even if a spouse hides assets outside the state or the country, the process leads the attorneys to the assets.
Is It Necessary to Go to Court?
Unless either party is contesting the divorce, it is less likely that a court date is necessary. However, when it is contested, the court date is scheduled between thirty-one and ninety days after the motion is filed. Each party must be present during all scheduled court dates. A failure to appear could give the opposing party leverage in a divorce case.
In Alabama, divorcing couples must split all marital assets equally and arrive at an acceptable parenting plan. The laws outline all requirements for child support, custody, and alimony. Petitioners who are ready to start the process should contact Belser Law Firm LLC in Decatur, AL. and schedule an appointmentright now. Visit us for more details.
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