Lifestyle

How the Divorce Process Works in Birmingham, Alabama

Couples who seek a divorce can face a lot of challenges, including how their marital property and debts can be divided and assigned respectively. Some couples may decide to agree on most issues amicably but others require lawyers or mediators to help them reach a resolution. If you and your spouse are calling it quits and wanting to file a divorce, you must work with Cheap Divorce Lawyers in Birmingham. Your divorce does not have to be complicated and expensive if you set your differences aside. And your attorney can help you settle your divorce issues quickly and favorably. 

In Birmingham, Alabama, marital property division or marital debt assignment is dealt with under an equitable distribution system. This means that these items are divided equitably, and the court determines what’s equitable for the spouses. The discovery process is an important state in divorce. Every spouse is required to disclose their assets and liabilities. Here’s how divorce proceedings usually happen in Alabama:

Filing a Complaint

Filing a divorce complaint initiates the divorce process in Alabama. Apart from naming the parties involved, the complaint should include the parties’ county to establish venue and a cause for divorce. The state allows divorce based on both fault-grounds and no-fault grounds. Then, the divorce complaint will request the court to grant the parties a divorce, divide their property and debts equitably, and award child custody and visitation, as well as offer other reliefs such as child support and alimony. The petitioner files a filing fee after which the complaint and a summon will be served to the other spouse. Once served, the defendant should give an answer to the complaint within 30 days.

Discovery

After the defendant files an answer to the complaint, either party can file a discovery motion to get the necessary documents or information to support their position. Discovery allows for the production of information on finances, parenting, behavior, and marital disagreements along with other merits of the divorce case. Parties must disclose finances especially if their case involves child support. the interim motions during this stage must be ruled upon for the case to proceed.

Court Hearing

During the court hearing, issues that involve financial obligations of the parties involved, child visitation and custody, as well as cohabitation rules are discussed. If the parties cannot reach a settlement in such negotiations, a final hearing date will be set by a judge. Both parties will present their cases at trial with their witnesses and evidence. A judge will enter a final agreement that adjudicates the issues the parties could not resolve. 

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