Birmingham Divorce

Birmingham Divorce Process

When you are considering filing divorce in Birmingham, Alabama, you may have questions about how the process begins or what the requirements are to end your marriage. 

At Covenant Law Firm, our attorneys are able to provide you with the answers to your questions, so that you can make the best decisions for you and your family during a time of transition.

Contact our offices today to get the process started and file for divorce in Birmingham.

Get Divorce Help in Birmingham

The first step to getting a divorce is to meet Alabama’s residency requirements.  The state requires that you or your spouse is a resident for at least 6 months before you may file a complaint. 

Grounds for Divorce

The complaint contains information about why you want to get divorced and lays out the grounds for divorce:

  • Incurable incapacitation at the time of the marriage
  • Adultery
  • Voluntary abandonment
  • Imprisonment
  • Crimes against nature
  • Drug or alcohol addiction
  • Complete incompatibility of temperament
  • Confinement to a mental hospital with no hope of recovery
  • Irretrievable breakdown of marriage
  • Pregnancy unbeknownst to husband at the time of marriage
  • Physical abuse
  • Two years of living separate and apart without support

Once you establish grounds, you and your spouse can begin making decisions about property division, alimony, child custody, visitation, and support. 

  • Property Division- Alabama recognizes marital property and separate property and divides the debts and assets of the divorcing couple by the facts and circumstances of each individual marriage.  Judges base decisions on factors pertaining to income, ability to support oneself, contributions to the marriage, and the value of various forms of property. 
  • Alimony-  Couples divorcing in Birmingham are subject to the orders of the family court about alimony—a judge may rule that one spouse support the other based on factors similar to those that determine property division.  If a change in circumstances occurs, the paying spouse may request that the judge modify the order later. 
  • Child Custody, Visitation & Support- Children in Birmingham spend time with divorced parents according to what is in their best interests.  Judges may award sole or joint custody, depending on the nature of the transitioning family.  Modifications to child custody, visitation, and support are all possible after orders are entered, if circumstances change. 

Alabama statutes grant the courts the right to override the decisions of the parents in instances that serve the best interests of the child.

Birmingham Divorce Advice

If you find that you are contemplating divorce, it’s important to know about these and other similar issues that will confront your family. 

Contact our offices today to get Birmingham divorce help by filling out our web form or calling 1 205 453-4103.

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