A Friendly Divorce in Birmingham Alabama
Is there really any such thing as a friendly divorce? Actually, the good news is there can be. Alabama is a No-Fault (Uncontested) divorce state. That means, regardless of whether you live in a place like Birmingham or any other city within Alabama, you can readily and quickly obtain a divorce without a lot of legal complications, that is, if you and your spouse can agree to terms in a friendly manner. It is important to note that a history of domestic violence in a relationship may very well hinder any attempt at a friendly divorce and may even exacerbate the problem, so, if the history exists, it is not recommended by this author you try a No-Fault divorce without legal counsel.
Once the shock, hurt, and anger have subsided from the initial realization your marriage is over, the time may be right for you and your spouse to seriously look at a No-Fault divorce. If both parties are mature and reasonable, there is no reason for anything unfriendly to occur, but what both will have to do to accomplish a goal of a friendly divorce is first to forget the reason you are getting a divorce. In this case, the reason for getting the divorce is what one or both of you might think is what caused the divorce. If the differences are irreconcilable, your personal reasons only become stumbling blocks to a friendly solution. Therefore, it is impervious that both parties are willing to move on with their lives looking forward to a new life, and they need to stay away from unproductive accusations about why the marriage failed and whose fault it was. If you can both get by this fact, you stand a reasonable chance of successfully obtaining a friendly divorce.
The only legal grounds for a No-fault divorce in Birmingham are as follows:
Incompatibility of temperament that the parties can no longer live together.
Irretrievable breakdown of the marriage where further attempts at reconciliation are impractical, futile, and not in the best interests of the parties or family.
Voluntary abandonment from bed and board for one year preceding the filing of the complaint.
To begin a No-fault divorce in Birmingham, one of these three legal reasons for a No-fault divorce must be named on a state document entitled Complaint for Divorce and filed with a Circuit Court for Jefferson County, Alabama.
When both of you resolve to avoid personal accusations and are willing to accept the legal reasons for a No-fault divorce, then, it is time to meet in order to discuss the details of the marriage dissolution. There are basically three subjects you will need to discuss in detail in order to dissolve the marriage in a friendly manner, so, staying on subject is very important. The three subjects you need to discuss include your community finances, assets and children. Since each of these are complicated subjects within their own rights, it would probably be wise to resolve the issues associated with each subject one at at time. If you can come to a friendly agreement on these three subjects, the rest of a No-Fault and friendly divorce includes placing the information you have gathered together on state documents including the Complaint for Divorce, signing the documents, and filing them with your local Court of Jurisdiction. Once filed, Alabama has a waiting period of 60 days from the date of the Decree of Divorce before either party can remarry inside the state, but there is no waiting period if you get married outside the state of Alabama.
A No-Fault or friendly divorce is not for everyone. Sometimes, two people can not get by their shock, hurt, or anger, and sometimes they just can't agree on the dissolution of their finances, assets, or the custody of their children. When this happens, it may be time for you to consider getting a professional counselor to help untangle the legal complications you may face. Contact us at www.divorceattorneyhome.com, and we will help you find a divorce attorney in your area who can answer any legal questions you may have in your situation.