Huntsville, Alabama Divorce Lawyers
The Alabama Divorce and Family attorneys at our firm have represented clients in family law matters throughout the Huntsville, Alabama area, including in Madison, Morgan, and Limestone Counties. We focus our practice on Alabama divorce law, and we have successfully handled thousands of divorce cases.
The Alabama Divorce and Family Lawyers fight your fight, for you, and will do everything we can under the law to protect your rights under the law. We are laser-focused on divorce law in Huntsville and the surrounding areas where we know the judges, attorneys, court staff, and the local rules to make sure you achieve the results you are seeking during a divorce. A divorce means different things to different people, and each person may want different things from a divorce. Some parents may be focused only upon the custody of their child or on getting away from an abusive marriage relationship. Whatever your needs, goals, and desires, we will strive to make them a reality.
Huntsville Contested Divorce Attorneys
A contested divorce is where both parties to a divorce do not consent to the divorce or who do not agree upon custody, child support, alimony, personal property division or retirement division during a divorce proceeding. A contested divorce can be resolved rather quickly or may take several years to resolve completely. Couples going through a contested divorce may disagree on various issues, including where the children will live, what kind of visitation the non-custodial parent may receive, the child support or alimony to be paid, who should pay marital debts, the percentage of retirement to be split between the parties, or even where the family pet resides.
How to File a Divorce in Madison County, Alabama
To begin any divorce in Huntsville, including in Madison, Limestone or Morgan counties, you will need to file a divorce complaint with the court in the proper jurisdiction. You may file a divorce in Alabama either in the county in which the defendant resides, where the marital residence was located, or if a married party has moved out of state, where the plaintiff resides. This is called Venue. Venue must also be correct, or the divorce case may be dismissed or more likely transferred to the proper Venue under Alabama law. All cases involving a contested divorce in Alabama will be tried in front of a judge. There is no statutory right to a jury trial in a divorce. A filing fee must be paid when a complaint for divorce is first filed, which varies by county. If a filing fee is not paid, the Court lacks jurisdiction, and your case may be dismissed.
If a party lives outside the State of Alabama, the filing party must live within the state for at least six months before filing the divorce complaint. If both parties live in the State, there is no time prohibitive prohibition against filing in Alabama.
There is no right to a jury trial in Alabama Divorce Proceedings
Service of Process in an Alabama Divorce
Once a divorce complaint is filed, your lawyer will need to have the complaint “served,” on the other spouse. This is called, “service of process.” Service or notice gives a court jurisdiction. Without service, or notice, the Court does not obtain jurisdiction in a divorce matter. Therefore, this step must is properly applied under the law by your attorney. This can be accomplished in various ways, by private process server, by certified mail, or service of process by the sheriff. We prefer our divorce complaints served by a private process server, it greatly expedites the process, but we always let our client's make that call when possible. Private process service is the more expensive of the options listed. Service of process is effectuated by simply serving a copy of the divorce papers on the defendant, or non-filing spouse.
Sometimes, divorcing spouses will try and hide from the process server or a spouse may not know the exact whereabouts of their spouse. In these instances, you can obtain jurisdiction by publication of the divorce complaint. This is a complex process, and our law firm will happily explain the process and go over the options, but it is the last resort with service of process in Alabama.
Uncontested Divorce in Huntsville
An uncontested divorce differs from a contested divorce. In an uncontested divorce, the parties agree upon all the issues and sign a settlement agreement to all issues, including child custody, visitation, property, debt, support, etc. An uncontested divorce can be resolved rather quickly, in a couple of months, or can take longer depending on the parties' ability to cooperate. A judge must still sign an order granting the divorce. Even uncontested divorces can be tricky, and always consult an attorney to make sure your rights are being observed, the paperwork is filed correctly, and that you are being properly advised.
Pendente Lite or Temporary Divorce Hearings
Do you need exclusive use of your home during a divorce because you cannot live with your husband or wife? Who gets temporary custody of the children during a divorce? What about temporary alimony and who pays the mortgage? Given that a divorce in Huntsville can take months or years, these issues are not easily resolved. They are resolved by moving for temporary relief, where the judge will issue a temporary order on issues that need to be immediately resolved pending a final divorce hearing. A pendente lite hearing is like a short divorce trial. They are important and can affect the entire divorce and final order. Your lawyers need to be well versed in this area of Alabama divorce law.
Call our Lawyers for A Free Consult Today!
Our Huntsville divorce lawyers are experienced and knowledgeable about Alabama divorce law. We offer free consultations, and we may always be reached at 256-692-5333. You may also contact us on the web here, by filing out our contact form and we will reply to you within 24 hours! We also regularly write about divorce law throughout Alabama, with a focus on divorce law in Huntsville, Madison, Morgan, and Limestone Counties with our Huntsville Divorce Lawyer's Blog.
We also offer multiple contested divorce options with multiple flex payment options.
$2,000 -FOR- 3 MONTHS
MANY DIVORCES CAN BE COMPLETED IN THIS TIME.
$10,000 -FOR- 1 YEAR