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Alabama Divorce Frequently Asked Questions

This list of frequently asked questions and answers on issues of separation and divorce has been developed by Divorce Headquarters in conjunction with our professional members in response to the numerous requests for information we have received from our site visitors.

The answers to the questions provided in this section are general in nature and are not intended to create an attorney-client relationship or to replace specific legal advice.

The authors and creators and any and all persons or entities involved in any way in preparation of the website known as Divorce Headquarters and/or divorcehq.com disclaim all responsibility for the legal effects or consequences of the interpretation of the information provided. Individuals intending to use divorcehq.com as an information resource should seek advice from family law professionals and experts familiar with the laws of their state. This website is not intended to provide legal advice and should not be relied on for that purpose.


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Return How do you begin the divorce process?
A divorce is initiated by filing a Complaint for Divorce. There are two types of divorce, a fault based or a no fault based divorce depending on your particular situation. In a contested divorce, the defendant spouse is "served" with the complaint. In an uncontested divorce, the complaint is held and the defendant spouse is asked to come to the attorney's office to sign all of the necessary documents including an Answer/Waiver as well as many other documents that are necessary in the uncontested divorce.

This answer supplied by: Jennifer Rose of The Rose Law Firm, LLC     (205)323-1124  



Return What happens if my spouse won't agree to sign the papers?
This is what we call a contested divorce. A contested divorce sometimes results in going to trial to resolve the issues of the divorce; however, this does not always have to be the case. There are many avenues that can be taken to resolve your divorce with less emotional and financial stress that is involved when taking your divorce to trial. The goal of a negotiated settlement is to come to an agreement as to all issues related to the divorce without resorting to the court. To aid in this process, each side is allowed to make discovery requests that include Interrogatories, Requests for Production, Requests for Admission, and Depositions. A negotiation may also be reached by mediation with the defendant spouse and his or her attorney.

This answer supplied by: Jennifer Rose of The Rose Law Firm, LLC     (205)323-1124  



Return What happens if no negotiation is reached?
If the negotiation process fails to render an agreement, the parties will go to trial to resolve the issues. The trial will be conducted by a Judge and evidence will be presented in the form of testimony from the parties and witnesses as well as from documents and any other forms of admissible evidence.

This answer supplied by: Jennifer Rose of The Rose Law Firm, LLC     (205)323-1124  



Return What is a fault-based divorce?
A "fault" divorce is one in which one party blames the other for the failure of the marriage by citing a legal wrong. Grounds for fault can include adultery, physical or mental cruelty, desertion, alcohol or drug abuse, insanity, impotence or infecting the other spouse with a venereal disease

This answer supplied by: Jennifer Rose of The Rose Law Firm, LLC     (205)323-1124  



Return What is a legal divorce?
A divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, your divorce will give each person the legal right to marry someone else, it will legally divide the couple's assets and debts, and determine the care and custody of their children.

This answer supplied by: Jennifer Rose of The Rose Law Firm, LLC     (205)323-1124  



Return What is an uncontested divorce?
An uncontested divorce simply means that both sides agree to the divorce. In most situations, one attorney can be used in this matter. Although a lot of paperwork is involved and handled by the attorney, this type of divorce is one of the easiest ways for the parties involved to obtain a divorce.

This answer supplied by: Jennifer Rose of The Rose Law Firm, LLC     (205)323-1124