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It usually takes about weeks for a judge to sign your divorce decree and for you to be officially divorced. This waiting period is why it takes this long to get your divorce decree in an uncontested divorce.
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An uncontested divorce usually takes about weeks after everything has been signed by both spouses and filed with the court. A contested divorce can take anywhere from 30 days to months or years, depending on if there is a trial or not. If both parties cannot reach an agreement during the contested divorce and a trial is necessary to determine the contested issues, then it can take much longer than an uncontested divorce. A contested divorce is any divorce action that is filed without an agreement. All divorces are initiated by the filing of a document called a Complaint. Once the divorce is filed without an agreement, the Complaint must be served on the other spouse, usually this is done by a private company that goes out and personally hand delivers or serves the spouse with the Complaint.
Once served, the spouse has 30 days to file an Answer.
How Long Is the Divorce Process in Alabama?
If they do file within this time period, then your contested divorce will periodically be set for hearings, mediation, and other settings in order to see if both of you can reach an agreement on some of the contested issues. If certain issues are still contested after many attempts at an agreement, then the case will be set for trial and a judge will decide all of your contested issues for you and your spouse. At this trial, both spouses will call witnesses and present evidence of why they should be awarded whatever it is that they are wanting.
There are two types of custody in Alabama, physical and legal custody. Legal custody is who has the rights to make decisions for the child and is usually given jointly in a divorce. The physical custody is who the child is actually living with most of the time, that parent has sole physical custody and the other parent has visitation rights such as every other weekend. In Alabama, there is a formula that is used by the courts to determine how much one party is to pay in child support to the other.
Get answers to general questions about divorce in Alabama.
Many people have found the potential personal and legal ramifications of doing so simply not worth it. Also, where children are involved, the court may not view a new romantic relationship in a positive light with regard to any ongoing issues involving child custody and visitation.
If such issues lead to problems or delays when negotiating a settlement, assistance can be sought through consultation with an experienced family law attorney.
Contact Us Today For Help! I have read the disclaimer. The decision is within the discretion of the judge who's presiding over the divorce. That means the judge will use good judgment and common sense, in light of all the available facts, to decide if the wife can keep her former husband's name or if she must revert to her maiden name.
Alabama Divorce Questions & Answers :: Justia Ask a Lawyer
The waiting period for a divorce doesn't prevent circuit court judges from issuing "temporary orders" during the waiting period. Temporary orders are issued to stabilize the divorcing couple's child custody and financial situations. Either side can ask the court to issue a temporary order to govern custody, spousal and child support, visitation, and occupancy of the marital residence. Once the final judgment is issued, the temporary order stops being effective. You can find more information about divorce basics at Alabama Divorce and Family Law.
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