Same Sex Divorce Attorneys in Alabama

In the State of Alabama, there are almost no legal differences in a mixed-sex divorce and a same-sex divorce. Fortunately, the legal system does not discriminate, and the process of divorce is the same for everyone – the only difference in Alabama is that the certificate of divorce must assign gender to each party, and it has not been updated to allow the same gender to be assigned to both parties. Therefore, one party of a same sex marriage must be designated a male, and the other a female on the certificate of divorce. Hopefully this issue is fixed soon, but this is the one logistical difference in same-sex divorce in Alabama.

  In the breakdown of any marriage, it is wise to consider all of the options available. In Alabama, the two main types of divorces are contested and uncontested. If the parties can agree on matters such as division of property and assets, child custody, and spousal support, and uncontested divorce will be the cheaper option.

A couple may choose to file an uncontested divorce with or without an attorney – however, hiring a local Trussville divorce attorney drastically limits legal deficiencies in the documents and generally shortens the timeline of divorce.  If the parties are unable or unwilling to come to an agreement, a contested divorce might be the only option. In the case of a contested divorce, it is always advisable for both parties to obtain their own legal counsel.

The cheapest way to get a divorce in Alabama is to file for uncontested divorce. The parties must both be willing to sign the divorce papers; one party cannot get an uncontested divorce without the express permission of the other – this includes if one spouse has moved away and cannot be located. If both parties are willing to sign, they must also agree to the division of assets, child custody, property, spousal support, and other similar matters. This can be done if each spouse is willing to compromise and work together. Divorce is never easy, but the process is a quick and simple one if the parties choose to hire an attorney to handle an uncontested divorce. 

To start the quick divorce process, a family law attorney will ask questions about each party personally, the marriage itself, any minor children involved, alimony, and any property or assets owned. Everything must be mutually agreed upon for an uncontested divorce, including but not limited to division of all property including the marital home, any alimony to be paid, and splitting joint bank accounts. A child custody arrangement must be agreed upon by both parties; child support may be agreed upon by the parties or calculated with the Alabama child support guidelines if the parties are unsure.

Once the divorce attorney has the information needed, they will draft your uncontested divorce documents for a low flat fee. After the documents have been reviewed and signed by each party, they can be filed with the Court. When an uncontested divorce in Shelby County, or anywhere else in Alabama, is filed in the State of Alabama, a judge must wait thirty days to issue the final decree of divorce – for many people, this thirty-day waiting period is the longest portion of their uncontested divorce. An uncontested divorce can last a long time, but can be done in less than two months if both parties are ready to move forward.

If one or both spouses is unwilling to compromise on any major issues in the divorce, or if one spouse relocated and cannot be found, a contested divorce may be the only available option. The first step if a party wants to file a contested divorce is to contact a family law attorney as quickly as possible. Whether a person is starting a divorce process or responding to a divorce that has already been filed, it is highly inadvisable to proceed in any contested divorce proceeding without an attorney.

Once an attorney has been obtained, the process for a contested divorce begins. The first step will be to file a complaint, which will list the reasons for filing for divorce and any terms one hopes to be granted in the divorce. This is where a person will make requests for child custody, alimony, property, and any other relief needed. After this complaint is filed, it will need to be delivered by process server, Sheriff, or certified mail to the other spouse. 

Once the complaint is filed, the responding spouse will have thirty days to file an answer. In their answer, they will either affirm or deny the allegations in your complaint, and then list their terms they hope to be granted in the divorce. If no answer is filed within thirty days, the original filing party may request a default divorce be granted. If an answer is filed, there is a long process of discovery. Each party will be given the chance to ask the other party questions through the court, request evidence and documents, and file any motions they believe will help their case. 

Usually, mediation or settlement is required before a court date – both parties must be willing to compromise on some of their terms in order for a mediation to be successful. If a settlement cannot be reached, the case proceeds in front of the judge; the judge will then grant certain requests of both parties. Usually, neither party gets everything they requested, but each gets some of what they requested.