Alabama Sample Letter for Petition for Separation - No Contest
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How to fill out Sample Letter For Petition For Separation - No Contest?
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FAQ
If the spouse who files for divorce follows the proper procedures under Alabama law, they will be able to get a divorce regardless of whether the other spouse agrees. The divorce may take longer if the other spouse refuses to respond to the divorce papers or fights the case.
State law does not mandate couples undergo a period of separation before they get divorced. However, in some cases, judges have been known to issue temporary separation orders before he or she will grant a divorce.
In Alabama, if both spouses do not agree to all terms, the divorce will proceed as a contested divorce. The Plaintiff's attorney (your attorney) will file a complaint for divorce with the court. In this complaint, you will establish the grounds for your divorce. The most common is an incompatibility of the parties.
An uncontested divorce usually takes about 6-10 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.
The main Alabama forms for an uncontested divorce include: the divorce complaint. a summons. your signed marital settlement agreement, and. an notarized affidavit ("Plaintiff's Testimony") for declaring certain facts about your marriage.
If your spouse opposes the divorce or cannot be found to sign papers, you will need to present evidence that your spouse committed one or more acts that are grounds for a fault-based divorce in Alabama.
If the Defendant does not respond within thirty days to your Divorce Complaint, you can then file for a default divorce. In Alabama, if you cannot find your spouse then you have to serve them by putting an ad in the paper. These types of divorce procedures are sometimes called divorce by publication.
