Auburn Alabama Divorce Attorneys

While divorce is the last thing that couples are thinking about at the time they say “I do,” divorce is one of the most common reasons for people to get involved in the family court system and seek legal representation. Indeed, while marriages can be entered into in Alabama simply by paying a small marriage license fee, the process of dissolving a marriage is much more legally intensive.
At the law offices of Haygood, Cleveland, Pierce & Thompson, LLP, we know that divorce is something you haven’t planned for. If you find yourself thinking about divorce, ready to pursue divorce, or if you have recently been served a petition for divorce, our experienced Alabama divorce lawyers are here to help you understand Alabama divorce laws and your options, as well as how to secure the best outcome for your divorce case.

Helping You With Complex Issues During Your Divorce

For the vast majority of couples who choose to dissolve their marriages in Alabama, the process is not as simple as merely parting ways; instead, there are various issues in a divorce that must be resolved before the divorce will be complete. These include:

• Division of property. During the course of a marriage, all property that is acquired by either spouse becomes marital property, even if it is bought in the name of just one of the parties. Further, all marital property is subject to division that is equitable at the time of a marriage’s end, but not necessarily equal. Understanding the difference, and what type of property you may be able to keep, as well as how to negotiate a fair property division settlement can be complex. Our lawyers represent you every step of the way, and can even litigate on your behalf should it come to that.
  Alabama, like many other states, follows the standard of equitable division of assets. This means that assets are not divided in half and split that way. They are divided in a way that is fair considering all of the factors involved. Relevant factors include each party’s income, each party’s ability to earn money, disability, individual assets, health, and other obligations.

  • Proving That Separate Assets Are Truly Separate

    How do you prove that separate/non-marital assets are not marital property and should not be divided? Unfortunately, much of the work it takes to prove that property is separate happens before divorce is even on the table. If you co-mingle separate assets with marital property, it’s likely that a judge will determine that those assets must be divided.

    How is property co-mingled? If assets are used to benefit both parties, they may be co-mingled. If you use your separate inheritance to pay off the mortgage on the family home, it is likely a marital asset. If you own your own separate business but use income from it to pay for family expenses, that income may be considered marital property.

    If any property is in dispute, work with your lawyer to figure out how to prove that it is separate. Receipts proving that it was only your purchase may be helpful, or proof that assets were paid for from a non-marital bank account.

  • Do Not Try to Hide Assets

    Those focused on protecting their assets are often afraid of having assets seized. This may lead them to hide certain assets, either by “giving” them to family members or friends, selling them below market value with the intent of having them given back to you after the divorce, or putting them in other people’s names.

    Not only is this illegal, it is likely to backfire on you. Judges are very good at figuring out when assets are being hidden. They are likely to discover your hidden assets, and when they do, you can expect to see that behavior reflected in the court’s judgment. You could lose far more than you expected if you try to work around the legal divorce process.

    Remember, too, that your soon-to-be-ex-spouse knows what you have, what kind of lifestyle you lead, and what income streams you have. It doesn’t matter if they do not have definitive proof that you are circumventing asset division. They can simply tell their lawyer, who will take the investigation over from there. While it may feel risky to disclose your assets, trying to do things unethically or illegally is far worse.

• Spousal maintenance/support. Another common issue in a divorce is spousal support, also called spousal maintenance or alimony. This type of support is paid by one party to the other in order to provide financial assistance needed following the separation and dissolution of marriage. Spousal support is appropriate when one party to the marriage is financially dependent upon the other. When deciding whether or not spousal support is appropriate, and if so, how much the award will be, the court will consider a number of factors – some of which are, how long the couple has been married, the standard of living established during the course of the marriage, the age and condition of each spouse, each spouse’s contributions to the marriage and other party, and more.
• Child custody and child support. More than any other issue in a divorce, who will have custody of a child or children is probably the most emotionally charged. Indeed, even when parents are ready to say goodbye to one another and end their marriage, neither is typically prepared for the effect that the dissolution of marriage may have on their child/children.

Parents are highly encouraged to create a child custody arrangement by working together to form a parenting plan that can be submitted to a court. If parents are unable to work together to do this, the issue of custody of a child will be decided by the court, which will make the determination based on the child’s best interests. In regards to child support, both parents have a duty to provide for their child financially. When parents are not living together, the non-custodial party will be ordered by the court to make child support payments on a recurring basis.

How Long Does It Take to Get a Divorce in Alabama?

There are numerous things that can slow down the divorce process. In fact, a divorce could take anywhere from 30 days to a year or more to finalize. The following factors can have a major impact on the timeline of an Alabama divorce:

• Residency. In order to file for a divorce in Alabama, either the petitioner or the respondent must be a resident of the state. If the defendant is a non-resident, then the other party must have been a resident for at least six months before the divorce can proceed. Therefore, if you and your spouse are newcomers to the state of Alabama, you’ll need to wait at least six months before you can even file for divorce.

• Fault vs. no-fault grounds. Another factor that may influence the amount of time it takes your divorce to finalize is that of the grounds on which you file for divorce. Alabama permits both fault-based and no-fault divorces. Grounds for a fault-based divorce includes incapacity, habitual drunkenness, adultery, violence in the marriage, abandonment, mental illness leading to institutionalization, imprisonment for at least two years, a crime against nature, or unrevealed pregnancy at the time of marriage. A no-fault divorce, on the other hand, can be pursued based on the irretrievable breakdown of the marriage or incompatibility. While there may be an advantage to filing for a fault-based divorce depending on your circumstances, typically, no-fault divorces are much faster as you will not have to go through the process of providing evidence of and proving fault.

• Contested issues. Regardless of whether you are pursuing a fault or no-fault divorce, you and your spouse must come to an agreement about certain issues before the divorce can be finalized. To be sure, the issues of property division, alimony, child support, and child custody must be settled before the court will finalize your divorce. If your divorce is uncontested–meaning that you and your spouse agree on all issues in the divorce–then the process will be quick. If the divorce is contested, though, reaching settlement could take multiple weeks or months. If your case goes to litigation, the process will be even longer.

• 30-day waiting period. Finally, note that even if you and your spouse agree to a no-fault divorce and you are in agreement about all issues in the divorce and you both maintain Alabama residency, there is a still a 30-day waiting period from the time that you file your petition for divorce and the time the divorce will be finalized.

Filing for Divorce in Alabama

While most couples pursue a divorce on no-fault grounds, it is possible to file for divorce on fault grounds as well. These grounds are found in Alabama Code Section 30-2-1, and include adultery, voluntary abandonment, imprisonment, habitual drunkenness, insanity, domestic violence, and situations in which the woman in a marriage was pregnant at the time of the marriage and she failed to inform her husband.

In addition to establishing grounds for divorce, you must also meet residency requirements in order to be able to file for divorce. You will need to be a resident of Alabama for at least six months before filing your divorce complaint.

After a notary public has stamped and signed your document, you need to file it with the circuit court or the clerk’s office in the same county. You will need to hand a copy of your signed complaint to a clerk rather than mail it. He or she should date stamp your Complaint for Divorce and notate that the court has filed it. If you’re not sure how to go about this, look for a family law self-help desk in the court building.

Next, you need to serve the completed form on your spouse. The simplest way to do this is when your spouse or his or her attorney agree to accept the paperwork directly. If you go this route, make sure that the attorney or your spouse signs and dates a form called Acknowledgement of Receipt. This should be available from the circuit court.

Another option is to hire a process server to deliver the paperwork and obtain a signature. This person must return to the courthouse and request that the county clerk notate your file of the accepted delivery. In situations where a spouse refuses to accept or sign a complaint, family court may send it by certified mail. It’s only when these options fail, or you simply can’t locate your spouse, that you need to post a notice several times in a local publication.

Reaching Agreement on Issues in Divorce

If you and your spouse have decided to separate, a breakdown in communication may be a major issue in your relationship, which can make reaching an agreement on the issues listed above very difficult. That being said, working with your spouse to negotiate a divorce settlement out of court is strongly recommended. Settling your divorce out of court is ideal, as this can be a more amicable and less stressful process, and saves time and money. What’s more, if your case goes to court, a court will be responsible for determining issues, and you will have little say in what the court’s decision is.

The compassionate Alabama family law attorneys at the law offices of Haygood, Cleveland, Pierce & Thompson, LLP, can represent you in negotiations with your spouse, and help you to create a divorce settlement that works for both of you. Should compromise be impossible, our experienced family law and divorce attorneys can also represent you in the courtroom.

Contact the Compassionate and Experienced Divorce Attorneys at Haygood, Cleveland, Pierce & Thompson Today

The attorneys of the law offices of Haygood, Cleveland, Pierce & Thompson, LLP, have been litigating divorce cases for decades. For help from a trusted, highly skilled legal professional when filing for divorce, contact the law offices of Haygood, Cleveland, Pierce & Thompson, LLP today at (334) 821-3892, or send us a message online. We provide client-focused, personalized legal services.

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