Category Archives: <span class="page-description">Divorce</span>

Posted by Steven A. Harris | Divorce

You signed the divorce papers, and now you are not so sure. Maybe you and your spouse have started talking again. Maybe the reality of splitting the house, the kids’ schedules, and two sets of bills finally set in. Whatever the reason, one of the most common calls our office gets is some version of …

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Posted by Steven A. Harris | Divorce

You are ready to end the marriage. Your spouse is not. Maybe they keep promising to change, maybe they refuse to discuss it at all, or maybe they have simply disappeared and stopped answering calls. One of the most common misconceptions we hear from Alabama clients is the belief that a divorce requires two willing …

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Posted by Steven A. Harris | Divorce

Can you kick your spouse out of your house in Alabama? Generally, no. Both spouses have an equal legal right to occupy the marital home — regardless of whose name is on the deed, who signed the mortgage, or who pays the bills. Changing the locks on your spouse is not just ineffective; it can …

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Posted by Steven A. Harris | Divorce

If you’re wondering how divorce works in Alabama, here’s the short version: divorces are filed in the Circuit Court of a county with proper venue, the case proceeds as either contested or uncontested, Alabama law imposes a mandatory 30-day waiting period before any judge can sign the decree, and an uncontested divorce typically finishes in …

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Posted by Steven A. Harris | Divorce

One of the first questions almost every divorce client asks is some version of this: who gets what? How Alabama divides property in a divorce causes more stress than nearly any other issue in the process — and more surprise, because the answer isn’t what most people assume. Alabama is not a 50/50 state. There …

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Posted by Steven A. Harris | Divorce

Few questions come up more often at the end of a divorce than this one: how long after my divorce can I remarry in Alabama? The short answer is 60 days. Alabama law prohibits either spouse from marrying a new partner until 60 days have passed after the divorce decree is entered, with one exception …

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Posted by Steven A. Harris | Divorce

There is no minimum number of years you have to be married to be awarded alimony in Alabama. Not five years, not ten. A spouse in a three-year marriage can receive alimony if the facts justify it, and a spouse in a twenty-five-year marriage can walk away with nothing if they don’t. What the length …

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Posted by Steven A. Harris | Divorce

Yes, there is a mandatory waiting period before a divorce can be finalized in Alabama. Under the Code of Alabama § 30-2-8.1, a thirty-day waiting period must pass after the date the Complaint for Divorce is filed before a judge can enter the final decree. On top of that, at least one spouse must have …

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Posted by Steven A. Harris | Divorce

Both spouses do not have to have their own lawyer to seek a divorce in Alabama. However, one lawyer can only represent one spouse. The same attorney cannot represent both the Plaintiff and the Defendant, because that would put the lawyer on both sides of the same civil case at once, which is a conflict …

Continue reading "Do Both Parties Need a Lawyer in Divorce?"

Posted by Steven A. Harris | Divorce

An uncontested divorce in Alabama usually takes about four to eight weeks after both spouses have signed everything and it has been filed with the court. If both parties agree on the big questions — how you will divide your assets and debts, child custody and support, and whether one spouse will pay alimony — …

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