There are many different factors that affect the time period in which a divorce can be completed in Alabama. The main factor being whether or not the divorce is contested. If the divorce is contested the time period for the divorce varies vastly depending on the complexity of the disputes. Whereas an uncontested divorce can be completed much more quickly.
The majority of uncontested divorces in Calhoun County can be resolved within one to two months. In contrast, contested divorces can take between a couple of months to a few years. Contested divorces are very unpredictable because there are so many factors that could slow down the divorce process. Uncontested divorces however are fairly predictable for divorce attorneys and the process can be quite easy as long as the couple reaches some form of an agreement.
In Alabama there is a statutory residency requirement for a divorce. The residency requirement deals with how long each spouse must live in the state in order to file for a divorce in Alabama. If both parties are residents of Alabama, then a divorce can be filed whenever. If only the party filing for the divorce, the plaintiff, is a resident of Alabama, and the other party is not, the party that is filing for divorce must have been a resident of Alabama for at least 6 months before filing for the divorce. If the defendant is a resident of Alabama but the party filing for divorce is not a resident, the divorce may be filed at any time.
The fastest that one could get a divorce in Jefferson County, Alabama would be thirty days. This is because Alabama has a thirty-day waiting period that requires the parties to wait 30 days from the time the divorce is filed to when the court makes the final decree and finalizes the divorce. This waiting period is often referred to as the cooling off period. Alabama has this rule to ensure that when a couple decides to get divorced that they will not change their mind after all of the legal paperwork has been filed. Alabama enacted this statute to allow for the parties to step back and “cool off” once the papers have been filed to make sure they truly want to go through with the divorce.
Another factor that could affect the amount of time that it takes for a divorce is the caseload of the court where the divorce has been filed. If the court is bogged down it could take longer than usual, however if the court does not have a heavy caseload the divorce could be finalized relatively quickly. In sum, the main factor that will affect the amount of time that it takes to get a divorce in Alabama is whether the divorce is contested or uncontested. If the two parties can reach an agreement and go through with a cheap divorce in Montgomery County, then they can expect the divorce to be finalized within one to two months.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, and real estate closings on this website. He is always available in any of the firm’s offices or by phone anytime for a consultation. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply any feedback. We appreciate our readers and love to hear from you!