Are “quickie divorces” only for the movies, or can you get a quickie divorce in Alabama? The time it takes to finalize a divorce can vary from one case to another. One of the most telling factors affecting the timeline and whether you will have a fast divorce in Alabama or a slow one is whether the divorce is uncontested or contested. The more both parties can agree on the important issues — like custody, support, and property division, to name a few — the faster things tend to move.
In Alabama, uncontested divorces may be concluded in as little as 6 to 10 weeks from filing. This timeline would likely be referred to as a fast divorce or even a quickie divorce. On the other hand, contested divorces in Alabama, where the spouses disagree on some or all legal matters, can last many months and sometimes longer than a year. With these differences in mind, let’s look more closely at how long divorce typically takes in Alabama and what you can expect along the way.
The Divorce Process in Alabama
Will a quickie divorce in Alabama be a possibility? Well, that depends on a few factors. But before discussing those, here are the steps for filing for divorce in the state.
Filing the Divorce Papers
Everything begins when you or your spouse files for divorce in your county’s circuit court. There is a catch: to file in Alabama, you or your spouse must have been a state resident for at least six months.
This filing, called a divorce complaint, includes the legal grounds for your divorce, which could be either no-fault or fault-based. The complaint may also propose terms for child custody arrangements and property division.
After filing, you have 120 days to serve the divorce papers to your spouse. If you’re interested in a fast divorce in Alabama, note that Alabama law won’t let it go too fast; the state requires divorcing couples to wait at least 30 days from the filing date before finalizing their divorce.
Filing the Response
Once you serve your spouse with the complaint, they have 30 days to submit a formal response, called an answer. In this document, your spouse may agree to the proposed terms, disagree with some, or contest the divorce altogether.
If your spouse doesn’t respond within the time allowed, the court may still move forward without their participation. This is called a default divorce, where the court goes ahead and grants the divorce based on the terms set out in your complaint.
Delays That Can Affect Your Divorce Timeline
After filing, several things can slow down the divorce process.
Your Spouse’s Refusal to Cooperate (or Yours at Some Point in the Future)
Some spouses intentionally delay the process. They might file frequent motions, request extensions, or miss deadlines. This behavior often leads to court intervention and can make the entire process more drawn out, emotionally taxing, and, as a result, more costly in time and expense.
Discovery
Discovery is when both parties exchange information relevant to the case, like tax returns, bank statements, and appraisals. This stage of divorce is for dividing property and calculating support. As long as it typically is, discovery can stretch the timeline further if one spouse is uncooperative, as discussed above, documents are incomplete (deliberate or not) or difficult to locate, and/or there are delays in communication between attorneys.
Court Scheduling Delays and Conflicts
Even if everything else is going well, court schedules can delay a divorce. For example, your hearings may be spaced far apart if the court has a backlog of cases. If your case requires multiple court appearances, it could take even longer.
Resolving Outstanding Matters
If both spouses agree on all legal matters, such as child custody, support, how to divide property, and spousal support, to name a few, the divorce is considered uncontested. These cases are usually more straightforward and may wrap up quickly. This is often the goal for couples seeking a fast divorce in Alabama or exploring the option of a quickie divorce in Alabama.
Even when couples agree on most matters, there may still be some sticking points. When this occurs, couples often turn to mediation to work through any remaining issues.
However, the divorce becomes contested if the spouses can’t reach an agreement and need a judge to decide. This leads to a longer process, more paperwork, and a trial if tensions become untenable.
What to Expect in an Uncontested Divorce
Uncontested divorces tend to move faster because there are fewer issues to resolve. When both parties are willing to work together, it becomes easier to finalize the divorce without court involvement. Still, even in an uncontested case, a couple may need help figuring out how to divide marital property and debts, parenting plans and visitation schedules, child support payments, and whether alimony is warranted.
Couples with no children, fewer shared assets, or shorter marriages may have fewer issues to resolve. Others, especially those with children or who were married for a long time, may need to spend more time negotiating a fair agreement.
Dividing Marital Property
The first step in dividing property in Alabama is for both parties to distinguish which property is separate and which is marital property. In general, items owned before the marriage, inherited items, and personal belongings may be considered separate. Marital property usually includes anything acquired during the marriage, such as homes, bank accounts, debts, investments, vehicles, and furniture.
To divide property fairly, a couple must identify and list all property and debts, agree on how to value assets (relevant for antiques and collections), and decide how to split what they own and owe. The process of categorizing and dividing marital assets can be time-consuming, especially when the assets are complex or high in value. Sometimes, divorcing couples hire appraisers to help determine the values of real estate, businesses, or other unique items.
When Children Are Involved
Parenting decisions often cause the most conflict in a divorce due to the deep emotions involved. Even in uncontested cases, figuring out how to share custody can be tricky. Parents must decide who the children will live with (physical custody) and how decisions will be made for the children’s upbringing (legal custody)
If one parent has physical custody, a parenting schedule needs to be put in place for the other parent. Alabama courts generally prefer arrangements that give both parents time with their children unless circumstances suggest otherwise. It’s important to note that custody decisions are gender-neutral, meaning fathers, just like mothers, can receive full custody.
As far as child support is concerned, it will be calculated according to a standard formula that considers each parent’s income, the children’s needs, and the number of children the couple shares. Who pays child support is likewise gender-neutral.
What Happens in a Contested Divorce
A divorce will be considered contested if you or your spouse cannot agree on legal matters and require court involvement to settle your disputes. Contested cases usually take longer to resolve, often between six months and a year, sometimes more, depending on how acrimonious they are.
As part of the process, you and your spouse may receive requests for documents (financial records, proof of income, and anything else related to the divorce), have to attend depositions (formal interviews in which attorneys for both sides ask questions under oath), and answer interrogatories (written questions from opposing counsel).
Mediation
A contested divorce may require mediation as a last resort, during which a neutral party will try to help the couple work through their sticking points.
Trial
If mediation doesn’t lead to an agreement, the case goes to trial. Both spouses, typically through their lawyers, will present evidence and arguments. This could include financial documents, testimony, and expert witnesses.
Setting a trial date may take several months from the time one spouse files for divorce. Once the trial ends, the judge will require time to make a decision and issue the final divorce decree.
How to Move Your Divorce Along Without Hiccups
While not everything in a divorce will be within your purview, there are steps you can take to keep the ball rolling. First things first, gather all documents in your possession early and organize yourself. This entails collecting pay stubs, tax returns, account statements, real estate documents, and anything else you think may be relevant to supporting your case.
At the same time, define your goals by considering what matters most for your present and future, and areas where you might be willing to compromise. Having some idea of what you want can make discussions more fruitful.
If you and your spouse are capable of communicating respectfully, try working together. This doesn’t mean giving in to their demands but rather working together toward a resolution that benefits you and them, so you can avoid court where you can.
Understanding the options available to you, like mediation, can save time and reduce stress for everyone involved, including children who may get caught in the crossfire. Finally, get legal support early. Consulting with a divorce lawyer as soon as you so much as think you may want a divorce can give you a better understanding of your rights and responsibilities, setting you up for as fast a divorce in Alabama as is realistically possible.
