Divorce FAQ

ALABAMA DIVORCE FAQ’S: QUESTIONS AND ANSWERS

Do I need an attorney to get a divorce?

Technically no. However, be advised that most divorces are not that simple, such as when there are children involved or if your divorce is contested. You should seek an attorney’s advice to see if your case is complex or not. Divorce is complex, and unless you know what your doing, you will have to do it over and over again until it is right.

What is an Uncontested Divorce in Alabama?

An uncontested divorce simply means that both sides agree 100% to the divorce. In most situations, one attorney can be used in this matter although the attorney can only represent one party. All of the paperwork is prepared at once and submitted to the Court by your attorney. There is no trial involved as all issues are resolved prior to the paperwork being submitted. Uncontested divorces are much cheaper.

What is a Contested Divorce in Alabama?

A contested divorce is basically the opposite of an uncontested divorce. It’s a situation where the parties cannot reach an agreement on one or more matters regarding their divorce. In a contested divorce each party will be represented by their own attorney. Contested divorces are much more expensive for both parties.

Does Alabama recognize common-law marriages?

Yes. There is no number of years requirement in Alabama for a common-law marriage. The courts will look at the totality of the circumstances to determine if a man and a woman have a common-law marriage. In 2016, the Alabama Legislature passed a law banning the recognition of new common law marriage. Since January 1, 2017, couples must get married to claim they are married.

Why was common law marriage abolished?

The common law system of marriage is being abolished for several reasons. First and foremost, it is considered inefficient and confusing. Under this system, determining the marital status of a couple can often be a lengthy and complicated process, leading to unnecessary delays and uncertainty. This inefficiency is further exacerbated in cases of divorce, where a thicket of costly litigation is often required to settle disputes. Moreover, the common law system of marriage is seen as outdated in our modern society. While it may have had its merits in the past, when traveling to a court house or obtaining a marriage license was difficult or expensive for the average person, this is no longer the case. In today’s world, it is relatively inexpensive and convenient to go to the court house and obtain a marriage license, providing a more streamlined and accessible process. Additionally, the common law system of marriage is criticized for its reliance on subjective factors and variables of proof. Establishing the legal status of a couple can be a complex task, involving a range of factors such as cohabitation, public recognition, and intent to be married. This reliance on subjective evidence not only adds to the confusion and uncertainty but also increases the likelihood of costly legal battles. In conclusion, the abolition of the common law system of marriage is a response to its inefficiency, confusion, and potential for expensive litigation. With the availability of more accessible and streamlined alternatives, such as obtaining a marriage license, the need for a complex and subjective system has diminished.

What is evidence of common law marriage?

Evidence of a common law marriage can be established through various factors. For instance, the couple may casually refer to each other as husband and wife, indicating the existence of a marital relationship. Additionally, if the wife has taken her husband’s last name, it could be seen as a form of common law marriage evidence. Other examples of evidence include jointly filed tax returns, joint bank accounts, and the testimony of friends and family who consider the couple to be married. These factors collectively serve as indications or proof of a common law marriage.

What happens to existing common law marriages?

Existing common law marriages will continue to be recognized under the new law being implemented in Alabama. Regardless of when these marriages were entered into, as long as they were established prior to January 1st of 2017, they will be considered valid by the state. Therefore, individuals currently in a common law marriage need not worry about its validity being affected by the new law.

How can Ferguson and Ferguson help?

The Huntsville divorce lawyers at Ferguson and Ferguson specializes in providing comprehensive assistance to individuals going through divorce or legal separation. Our primary goal is to guide and support our clients throughout the process, helping them make informed decisions that protect their future and prioritize their financial stability and the well-being of any children involved. With our extensive experience in family law, we understand the complexities and challenges associated with divorce cases.

By seeking our services, you can benefit from personalized consultations that allow us to understand your unique circumstances and tailor our approach accordingly. We will work closely with you to explore all available options and discuss the advantages and disadvantages of each. Whether it’s addressing property division, spousal support, child custody, or visitation rights, our knowledgeable divorce lawyers will provide sound legal advice, ensuring that your rights and interests are safeguarded.

Our guidance extends beyond legal matters to consider the emotional and practical aspects of divorce or legal separation. We recognize the importance of maintaining a peaceful and amicable relationship whenever possible, particularly when there are children involved. Mediation and negotiation are methods we actively encourage to help our clients reach fair agreements outside of court, minimizing conflict and reducing the financial and emotional toll of a contentious divorce.

At Ferguson & Ferguson, we are committed to serving individuals in Huntsville and Athens, Alabama, as well as clients throughout North Alabama, including Madison County, Limestone County, Marshall County, Jackson County, Morgan County, and Laurence County. To initiate the process of working with us, we offer an initial consultation where you can discuss your situation and allow us to evaluate how we can best support you. You can reach us at 256-534-3435, or conveniently contact us online to arrange a consultation at your earliest convenience.

How long before my divorce becomes final?

It usually takes a couple of months if uncontested. A divorce can become final sometime after 30 days of the filing. Contested divorces can take years to become final in Alabama.

What is an Annulment?

The marriage was not truly an offical marriage. Annulments are only available under a few limited circumstances, such as a marriage that was based on the premises of a false claim of pregnancy.

What is Alimony?

Payment from one spouse to another resulting from a divorce, that can be used either to maintain a spouse’s lifestyle or to terminate property interests. Alimony can be a lump-sum or payments over a specified period of time.

What is a fault-based divorce?

A fault divorce is one in which one party claims the other party did some legal wrong. Grounds for fault can include adultery, physical or mental cruelty, desertion, alcohol or drug abuse, insanity, etc.

How do you begin the divorce process?

If contested, a divorce is initiated by filing a Complaint for Divorce. The Defendant spouse is served with the complaint. In an uncontested divorce, the parties agree to everything and file it all together.

What happens if my spouse won’t agree to sign the papers?

The divorce will be contested. A contested divorce often results in going to trial to resolve the issues of the divorce. Both sides are allowed to make discovery requests that include Interrogatories, Requests for Production, Requests for Admission, and Depositions. Settlement may be reached between your attorneys or in mediation.