Divorce and Post-Divorce

When two people decide to get divorced, it can be heartbreaking. If there are children involved, it is worse. It can feel hopeless and daunting. The financial aspect of a divorce can feel overwhelming, too, because it may mean losing income, moving unexpectedly, or having to give up hard-earned assets or assuming responsibility for someone else’s debt. It may mean seeing your own children less than before and having to reshape your entire life. Fortunately, all hope is not lost. If you are facing a divorce in Alabama, call a Birmingham divorce lawyer who will treat you and your case with the respect and compassion you deserve.
Filing for Divorce in Alabama

Every divorce in Alabama starts with a petition. This is a formal court document in which one party to the marriage must allege the necessary elements and information for seeking divorce. These generally include the following; however, each petition will be unique:

  • The age of the parties
  • The residence of both parties, including a statement that the person filing has lived in Alabama for at least six months
  • The date and location of the marriage
  • A statement that the parties no longer reside together
  • The date of separation
  • The last residence (county and state) where the couple lived together as a married couple
  • Whether there are children and, if so, their ages
  • Whether either party is currently pregnant
  • Whether there are assets or liabilities that require division
  • Whether there is real estate owned jointly
  • The grounds for the divorce or
  • A statement that the marriage is irretrievably broken and cannot be repaired
Does Alabama Require Grounds for Divorce?

Yes and no. Grounds are available, but not required. For the most part, many couples choose not to rely on traditional grounds for divorce, but there can be strategic advantages to using them. Grounds are reasons that place fault on one party. Alabama recognizes these grounds for divorce:

  • Complete incapacitation (comas, complete disability, etc.) of one spouse
  • Adultery
  • If a wife is pregnant at the time of marriage, and the husband is not aware of this fact
  • One spouse goes to prison for at least two years with a total sentence of at least seven years
  • Crimes against nature
  • Alcohol or drug abuse
  • Mental insanity that lasts at least five years
  • Any form of domestic violence
Does Alabama Recognize No-Fault Divorce?

Yes. If none of the above grounds are applicable, you can still get divorced in Alabama. You will need to allege the following:

  • Such incompatibility that you cannot live together anymore
  • An irretrievable breakdown of the marriage, making any attempt to repair the marriage hopeless and futile
  • Abandonment of the marriage
Post-Divorce Matters

Divorce is just the beginning in many cases. Even after a divorce, there are many disputes that can arise between former spouses. For instance, these are just some of the potential disputes that can call for skilled legal representation:

  • Changes in custody
  • One spouse relocates with a child
  • Child support disputes and modification
  • Changes in financial circumstances
  • Modifying alimony payments

One of the most common post-divorce matters occurs when one spouse refuses to follow a court order.  Here are some examples of typical violations:

  • Refusing to pay child support
  • Refusing to pay alimony
  • Refusing to let non-custodial parent have visitation
  • Violating court orders concerning religious upbringing or visitation with extended family
  • Failing to report increased income
  • Failing to pay debts as ordered
Experience Matters

When it comes to navigating a Birmingham divorce, trust the experience of Five Points Law Group. Our skilled attorneys will carefully help you work through your differences, whether your case is amicable and friendly or hotly contested. We always strive to help couples patiently and respectfully terminate their marriages in the most civil manner possible. When necessary, however, we will aggressively represent our clients to protect their rights to the fullest extent of the law. For help with your divorce, call us today.

Heather Fann

Partner
Family Law

Heather Fann

more information
Alabama Rules of Professional Conduct Notice: No Representation is made that the quality of legal services offered is greater than that of other lawyers. The information contained on this website is not a substitute for legal advice, and reading it does not create an attorney-client relationship.
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