Montgomery Divorce Lawyer

If you and your spouse have already reached an agreement on all major issues, such as property division, child custody, child support, and alimony, an uncontested divorce may be the fastest and most affordable way to end your marriage in Montgomery County. Uncontested divorces allow couples to avoid prolonged court battles, reduce legal expenses, and often finalize the divorce shortly after Alabama’s mandatory 30-day waiting period. Our Montgomery divorce lawyers regularly help clients prepare and file uncontested divorces that comply with local court requirements, minimizing delays and unnecessary stress.

When spouses cannot reach an agreement, a contested divorce becomes necessary. Contested divorces in Montgomery County often involve disputes over finances, children, or both, and typically require multiple court filings, hearings, and sometimes a trial. These cases are more complex and costly, but having an experienced Montgomery divorce attorney is critical to protecting your rights and financial interests. Our attorneys are familiar with the Montgomery County Circuit Court, Domestic Relations Division, and understand how local judges handle contested divorce matters.

At the Harris Firm, our Montgomery divorce attorneys provide strategic, results-driven representation tailored to each client’s situation. We focus on resolving cases efficiently whenever possible, but we are fully prepared to litigate when settlement is not an option. Whether your case involves a straightforward uncontested divorce or a highly contested matter with significant assets or custody issues, our firm is committed to guiding you through every stage of the process.

If you are getting ready for a divorce in Montgomery, you must be fully prepared for the process. A proactive approach can put you in the best position to navigate Alabama’s divorce laws. Here are three of the key things to understand about the process for divorce in our state:

• You Must Be a Resident to Get a Divorce (Six Months): The first thing to know is that you cannot just move to Alabama and immediately get a divorce. Although you can get divorced in Alabama no matter where you originally tied the knot, you or your spouse must have lived in the state for at least six months to meet the residency requirement. 
• Most People Get Divorced on No-Fault Grounds: In Alabama, most divorces are “no-fault,” meaning you don’t have to blame your spouse for the divorce. Instead, you can simply state that you have a marriage that is irretrievably broken—meaning it cannot reasonably be fixed. There are also fault-based grounds for divorce in Alabama, including adultery, cruelty or abuse, abandonment, and serious substance abuse problems.
• A Couple Must Wait At Least 30 Days After Filing for Divorce: How long does it take to get a divorce in Montgomery? The answer depends on many different case-specific factors. That being said, no matter the situation, there is a mandatory waiting period of at least 30 days before the divorce can be finalized.

If you agree with your spouse, then we are currently offering discounted flat fees to help you obtain a divorce or handle other family law matters in and around Montgomery County.

If you and your spouse are not in agreement about child custody, child support, spousal support, or other areas of the divorce process, then you will have to file a contested divorce. This is more expensive, but if you call us, our family law attorney can give you a quick consultation over the phone and quote you a retainer today. Like most family law firms, our Montgomery divorce attorney requires a retainer up front to begin work on these cases.

If both of you are in agreement regarding the divorce process, then you can get an uncontested divorce prepared and filed for you for a flat attorney’s fee.

The uncontested divorce may require additional fees if there are substantial property or tax considerations involved, business interests, paternity issues, retirement issues, child custody, child support, spousal support, or any other complex issues that would require more time from the attorney. There is also a filing fee that Montgomery County charges when a divorce is filed. This filing fee varies from county to county, but our family law attorney can help get things sorted out.

When you are ready to start the uncontested divorce process, complete the online divorce questionnaire. Our lawyer will go over the information with you and prepare your documents for you and your spouse to sign, execute, and return to us to file. Once our Montgomery office receives your signed documents, we will file them electronically, and you should get your divorce decree in a month or two, with no court or in-person appointments in most cases.

Give our Montgomery divorce lawyer a call today for more information about the filing fee in Montgomery County. If you have additional questions about the divorce process, give us a call to speak with our skilled family law attorney today.

Going through a divorce can, at times, be a lengthy, bitter, and exhausting process. Many spouses worry about having their lives put on hold while they wait for a court date. In addition to the time, there is also the expense of paying their skilled family law and divorce lawyer thousands of dollars in retainer fees. Filing for divorce can be extremely cumbersome, depending on how it is done. If an agreement can be reached in the beginning, it can save a lot of hassle, time, and money.

If you cannot reach an agreement, then you will need to consult with one of our Montgomery family law lawyers on the phone or in person. During the initial consult, if you need a contested divorce, then we will quote you a retainer fee to get started on your case. 

Once this is paid, we will file the divorce and serve your spouse to begin the divorce proceedings. This can get quite expensive if there are child custody disputes and time-consuming, but if no agreement can be reached, then it is sometimes necessary. The family law attorney will bill at an hourly rate for your legal issues, including child custody, marital property, or other divorce disputes, and take the earned fees out of the retainer as the work is performed. Once the retainer is gone, you will have to refill it for the Montgomery divorce lawyer to continue working on your complex divorce cases. Therefore, the longer the case goes on and the more your divorce lawyer has to do, the more expensive it can get.

No matter which type of divorce you file, it is important to retain a skilled divorce lawyer who practices regularly in your jurisdiction. This is because each county, including Montgomery County, has its own local requirements that only a local divorce lawyer will be aware of. For example, certain document requirements are particular to this county.

Our Montgomery family law attorneys are familiar with all such local rules regarding child custody disputes and will ensure that you get your decree as quickly and easily as possible.  Whether you have a child custody, child support, modification, prenuptial agreement, paternity matter, probate, or estate planning, or any other such legal issue, then let our family law attorneys help. Our Montgomery County family law lawyers know these rules and will work with you to ensure that they are followed in a Montgomery uncontested divorce.

Divorces in Montgomery County generally fall into two categories: uncontested and contested. Our Montgomery divorce attorneys help clients determine the most efficient and cost-effective path forward based on their circumstances.

If you and your spouse have reached a full agreement on all marital issues—such as property division, child custody, child support, and alimony—an uncontested divorce may be available. Uncontested divorces in Montgomery are typically faster, less expensive, and may be finalized without court appearances when all paperwork is properly prepared and filed.

When an agreement cannot be reached, a contested divorce becomes necessary. Disputes often involve custody, visitation, support, or division of marital assets. In these cases, our Montgomery divorce lawyers file a formal Complaint for Divorce with the Montgomery County Circuit Court and ensure your spouse is properly served.

After service, the opposing party has a limited time to file a response. The court may schedule hearings, require financial disclosures, and encourage negotiation or mediation. If the case does not settle, a judge will ultimately decide the unresolved issues at trial. In some situations, if a spouse fails to respond, a default divorce may be available.

Contested divorces require significantly more attorney time and preparation. Our Montgomery divorce attorneys typically work on a retainer basis and bill hourly depending on the complexity of the case. Retainers vary based on factors such as child custody disputes, support issues, and the value of marital property. During your consultation, we will explain the process clearly and provide realistic expectations based on your situation.

All divorces filed in Montgomery County require payment of a court filing fee at the time the case is opened. The filing fee in Montgomery County is typically over $200, which includes mandatory electronic filing charges. This fee applies to both uncontested and contested divorces and must be paid before the court will process the case.

Residents of Montgomery, Pike Road, Hope Hull, and Mount Meigs generally file their divorce cases in the Montgomery County Circuit Court, located in downtown Montgomery. As Alabama’s capital city, Montgomery serves as the county seat and handles a high volume of domestic relations cases.

If you live in surrounding communities, such as Prattville, Millbrook, Selma, Auburn, or Dothan, your divorce may instead be filed in neighboring counties, including Autauga, Elmore, Dallas, Lee, or Houston County, depending on residency and venue rules.

Our Montgomery divorce lawyers routinely file cases in courts throughout Central Alabama and are familiar with each court’s procedures, judges, and local filing requirements. We guide clients through every step of the filing process and answer questions about court fees, service costs, and timelines before your case is filed.

Divorce involves far more than ending a marriage; it requires resolving complex legal and financial issues that affect your future. Our Montgomery divorce attorneys provide full-service family law representation, ensuring every aspect of your case is handled properly and strategically.

We regularly assist clients with:

• Property Division: Alabama follows equitable distribution, meaning marital property is divided fairly, not necessarily equally. We handle asset and debt division involving homes, retirement accounts, businesses, and other marital property.

• Spousal Support (Alimony): Some divorces involve temporary or long-term alimony. Our Montgomery attorneys evaluate eligibility, duration, and payment amounts based on Alabama law.

• Child Custody: Custody decisions are based on the best interests of the child. Courts often favor shared parental involvement when appropriate, and we advocate for custody arrangements that protect both parental rights and children’s stability.

• Child Support: Child support is calculated using Alabama guidelines. We ensure income is properly reported and that support orders are fair, enforceable, and accurate.

By addressing these issues early and thoroughly, our Montgomery divorce lawyers help clients avoid costly mistakes and prolonged litigation.

Divorce is one of the most stressful legal experiences a person can face. At The Harris Firm, our Montgomery divorce attorneys focus on clarity, preparation, and strong advocacy to help clients move forward with confidence.

When you contact our Montgomery office, an experienced Alabama divorce lawyer will:

• Review your situation and explain the divorce process in clear, practical terms

• Help gather and organize financial records, parenting information, and supporting documents

• Advocate for your interests during negotiations, mediation, or court proceedings

• Develop a personalized legal strategy designed to protect your rights and long-term goals

Whether your case involves an uncontested divorce or complex contested litigation, our Montgomery divorce attorneys are committed to providing responsive guidance and effective representation from start to finish.

1. Where are divorce cases filed for residents of Montgomery, Alabama?

Divorce cases for Montgomery residents are typically filed in the Montgomery County Circuit Court, Domestic Relations Division, which is located in downtown Montgomery. If both spouses reside in Montgomery County—or if Montgomery County is the proper venue under Alabama law—the case will be handled by this court. Filing in the correct court is important to avoid delays or a transfer to another county.

2. How does the 30-day waiting period work in Montgomery County divorces?

Alabama law requires a mandatory 30-day waiting period after a divorce is filed before it can be finalized. In Montgomery County, uncontested divorces are often finalized shortly after this waiting period expires, provided all required documents have been properly submitted and no issues remain unresolved. The waiting period applies even when both spouses fully agree.

3. Does Montgomery County require mediation in contested divorce cases?

In many contested divorce cases, Montgomery County judges may order mediation, particularly when there are disputes involving child custody, visitation, or property division. Mediation is intended to encourage settlement and reduce the time and expense of litigation. Not every case requires mediation, but it is commonly used before a case proceeds to trial.

4. Can I file for divorce in Montgomery County if my spouse lives somewhere else?

Yes, in certain situations. A divorce may be properly filed in Montgomery County if you reside in Montgomery County and meet Alabama’s residency requirements, even if your spouse lives in another county or state. Venue and jurisdiction depend on factors such as residency length, where the parties live, and where minor children reside.

Call the Harris Firm, a family law firm, and speak to our contested divorce lawyers, who will discuss the retainer we would require up front to begin working on your case. You will usually need to have a quick phone consultation with our divorce lawyer in Montgomery before we can quote you a fee, especially if there are minor children or other potentially complex issues such as child custody, child support disputes, spousal support, or other issues involved. This is the reason an uncontested divorce is almost always cheaper and easier than a contested one.

The Harris Firm LLC

60 Commerce Street, Suite 1210
Montgomery, AL 36104
Tel: (334) 782-9938