Huntsville Divorce Lawyers Provide Support and Knowledge
Offering tenacious representation and strong advocacy
Ending a marriage is an emotional and often confusing process. Several steps must be followed correctly to ensure that you get the best possible results. At Sree B. Ravi, P.C., Attorney at Law, our practice has focused on family law and divorce cases from the very beginning. Divorces often involve issues of alimony, child custody, visitation rights and child support. Our vast experience allows us to develop a good strategy for you, and we work tirelessly to help you get through the most difficult challenges you may ever face.
What are the grounds for divorce in Alabama?
In Alabama, a divorce can be granted when one party shows wrongdoing by the other. The grounds for divorce in Alabama are:
- Mental incapacitation at the time of marriage
- Voluntary abandonment for at least one year prior to filing a petition for divorce
- Imprisonment for two years in any state with a sentence of seven years or more
- Commission of a crime before or after marriage
- Addiction to drugs or alcohol
- Complete incompatibility of temperament preventing the two parties from living together
- Confinement in a mental institution for at least five successive years after marriage provided that the party is certified as hopelessly and incurably insane
- Irretrievable breakdown of the marriage where further attempts at reconciliation are futile
- Wife’s pregnancy at the time of marriage without the husband’s knowledge or agency
- Actual violence on the part of one party with danger to life or health or a reasonable apprehension of violence
- Living separate and apart for at least two years before filing the complaint
The court will not grant a divorce if it is found that the parties conspired to commit adultery with the consent of the other or other acts for the sole purpose of obtaining a divorce.
How does the divorce process work in Alabama?
The party seeking to end the marriage must file a summons and complaint in the county where the defendant lives or in the county where the petitioner lives if the defendant is a nonresident. The petition may also be filed in the county where the parties lived at the time of separation. If the defendant is a nonresident, the plaintiff must have lived in Alabama for at least six months before filing a petition. The defendant is required to file an answer with the court. If no such answer is filed, the allegations in the complaint are considered admitted and the divorce is granted based on the grounds alleged by the plaintiff. The court will not enter a final judgment of divorce until at least 30 days after the summons and complaint is filed. Neither party is allowed to remarry until at least 60 days after the final judgment is entered. An experienced family lawyer can help you navigate the legal process and obtain a divorce.
How will my property and money be divided after a divorce?
The judge considers all marital property and assets acquired during the marriage. Anything acquired before the marriage is usually not taken into account when deciding how property is to be divided. Also, inheritances or gifts are excluded from consideration, unless the court finds that the property or income derived from the property was regularly used for the common benefit of both parties during the marriage. In determining whether to order alimony and how much, the court seeks to allow the parties to maintain the same standard of living they enjoyed during the marriage.
Divorce is rarely straightforward
Most people think that a divorce, also referred to as dissolution of marriage, is just a matter of filing a petition with the court and waiting for a final decree that allows them to move on with their lives. However, there are actually several different types of divorce, and each has its own attributes and requirements:
- No-fault divorce — A no-fault divorce does not require a party to show a breach of the marriage contract or wrongdoing. In Alabama, if one party is found to be more at fault, it may affect the division of property.
- Contested divorce — Contested divorces occur when the parties cannot agree on the terms of divorce with respect to issues such as division of property, spousal support, child support and custody.
- Uncontested divorce — Uncontested divorces result when the parties can agree to the terms of divorce without the need for a trial. Uncontested divorces are less expensive and can move through the court system much faster than contested divorces. Childless divorces require agreements only about spousal support and division of property and assets and can be granted very quickly if the parties can reach a settlement out of court.
Are military divorces different from civilian divorces?
Military divorces present unique challenges and requirements. Residency requirements mandate that you must live in Alabama or be permanently stationed here to file for divorce. Though personal service of process is required, it can be waived in an uncontested divorce with a signed affidavit. Military divorces also have special alimony and child support requirements. The total amount of spousal and child support in a military divorce is not allowed to be more than 60 percent of the military spouse’s salary. To be entitled to a military spouse’s retirement benefits, the marriage must have lasted for at least 10 years. The law office of Sree B. Ravi can give you the information and resources you need to ensure that your rights are protected in the event of a divorce.
Contact a Huntsville divorce law firm dedicated to protecting your best interests
Divorce is a challenging and intensely personal process. Choosing the right lawyer is key to ensuring that the process goes smoothly. At Sree B. Ravi, P.C., Attorney at Law, we offer free initial consultations at our Huntsville office location. Contact us online or call us at 256-937-1540 today to discuss your case.