What Kind of Divorce
Is Right for Your Situation?
You might know that you are ready for a divorce, but you might not be sure what type
of divorce will best fit your situation.
Here are the basics of the different types of divorce in Alabama:
Contested Divorce
- This is a divorce in which the spouses disagree on settlement terms.
- Child custody, property distribution, or other areas may be in dispute.
- One spouse will file a complaint, and the other spouse will have 30 days to answer.
- Contested divorce often involve multiple hearings and a possible trial.
- When a spouse disagrees with a judge’s decision, they will have 30 days to request changes or 42 days to file an appeal.
Uncontested Divorce
- Both spouses agree to the divorce.
- This option is more costly than a contested divorce.
- Spouses must agree on property distribution, child custody, and other factors.
- In an uncontested divorce, both spouses could use the same lawyer.
- At least one of the spouses must have been an Alabama resident for at least six months before filing.
Annulment
- An annulment essentially makes it as if you were never married.
- The only grounds for annulment in Alabama are a spouse entering the marriage fraudulently, a spouse being underage, a spouse agreeing to marriage under duress, a relationship being incestuous, a spouse not having the mental capacity to agree to marriage, or a spouse already being married to another person at the time of the marriage.
- The presumption of paternity can allow parents to retain relationships with children even when marriages are annulled.
- Alimony is not awarded in annulment cases.
Legal Separation
- A legal separation allows a couple to separate but still remain married.
- A legal separation can provide separate residences but still allow a couple to maintain certain marital assets such as shared insurance policies.
- This can be beneficial for spouses who are still hoping for reconciliation.
- Neither spouse can remarry during a legal separation.
- Courts may need to decide child custody or property division issues in legal separations.
Questions To Consider Before Filing for Divorce
- How long were you married?
- Is there a significant disparity in your incomes?
- Do you have children?
- Does your reason for divorce relate to infidelity?
- Do you jointly own any property with your spouse?
- Is there a history of domestic violence?
- Do you jointly share any assets or debts?
