Divorce is a common experience for a lot of people in Anniston. But couples who are planning to get a divorce may not be aware of the steps to take to have legal proceedings. While such a process may seem simple, it can be complex. To learn more about getting a divorce in the state of Alabama, keep reading:
Meeting the Residency Requirements
Before you can file for a divorce, you need to meet the state’s residency requirements. If you and your spouse live in the state, you can file for a divorce whenever you like. If the filing spouse lives in the state; however, the other spouse doesn’t, the rules are not the same. The spouse who will file should have been living in Alabama for at least six months.
Picking a Legal Reason to File
To legally end your marriage in Anniston, you must have a reason such as adultery, addiction, or abuse. Proving that your spouse is responsible for the end of your marriage increases your chances of getting a bigger share of your marital assets. If adultery or abuse is not an issue in your marriage, you can file for a no-fault divorce. To do this, you can choose incompatibility or irretrievable marriage breakdown as grounds.
With a no-fault divorce, you do not have to prove your marriage is not working. But if you attribute the divorce to the behavior of your spouse, you must give evidence of this accusation to dissolve your marriage.
Filing the Divorce Papers
Divorce papers can include the reason for divorce, property and debt division, child custody arrangements, and other issues. Make sure to send copies of these papers to your spouse. To improve your chances of getting the court to approve your desired asset division and custody arrangements, speak with a skilled divorce attorney before you file the papers. Your attorney can assist you in getting your desired outcome for your divorce. Should your spouse fail to respond to the papers they were served within a certain period, they might lose the shared assets to you.
If your spouse does not agree with a part of the divorce papers, they can file opposing papers. When this happens, you go through a contested divorce. You and your spouse must make court appearances for this kind of divorce. But if you provided reasonable terms in the divorce papers, your spouse may accept them. In this case, you can finalize your divorce with little fuss.
