Divorce Attorneys in Daphne, AL

Going through a divorce can be a bitter, exhausting, and lengthy process. When facing marital difficulties, many people have a lot of questions about their options and the divorce process. Having some basic knowledge about Alabama family law can help you plan ahead and focus on your future.

At Coumanis & York, PC, we routinely handle divorce and family law matters on behalf of clients throughout South Alabama. Our firm understands that ending a marriage is a difficult process, and you’ll be faced with a series of sensitive decisions. We offer sound legal guidance along with compassion and the personalized service you deserve. If you are considering divorce in Alabama, contact our office today for a consultation to discuss your options.

Rules for Divorce in Alabama

Every state has rules relative to how and when a person can file for divorce. Alabama is no different. You must have what is called “jurisdiction” in Alabama to file for divorce. This is generally acquired by having residency in the state. Specifically, at least one party in the divorce must live in Alabama, and the person filing must have been a resident for at least six months.

Even if the other spouse isn’t a resident of Alabama, the court can gain jurisdiction if they have close ties to the state or are served with the divorce complaint while visiting the state.

If you can satisfy the jurisdiction requirements, you must decide where to file for divorce in Alabama. According to the law, you can file in the county where you both lived or in the county in which the defendant currently lives. If the defendant doesn’t live in Alabama, you can file in the county of your current residence.

What Are the Grounds for Divorce in Alabama?

When you are considering divorce, you might want to file as quickly as possible and get the process moving. But, it makes sense to fully understand your options. In Alabama, you have the choice of filing for a no-fault or fault divorce and must specify one or the other.

No-Fault Divorces

No-fault divorces are the most common type of divorce in Alabama. The grounds are the easiest to prove, so they are the type of divorce most likely to get approved by the courts. Simply put, you will have to prove that your marriage is over due to one of two reasons:

• Incompatibility– You have irreconcilable conflicts of behavior or personality that make the marriage impossible to continue.
• Irretrievable breakdown of the marriage– You have substantial difficulties that you are unable to repair.

Fault Divorces

If you allege “fault” in a divorce, you’ll need to prove your allegations. But, you can also use these grounds as evidence to help the courts decide other matters like property division, custody, and support. The grounds for a fault divorce in Alabama include:

• Adultery
• Drug addiction
• Habitual drunkenness
• Physical or emotional abuse
• Imprisonment
• Abandonment
• Lack of physical intimacy
• Inability to maintain employment

This is not an all-inclusive list, but the family law courts will require that you submit evidence to prove your claims if you make any allegations. In some cases, this can be difficult to accomplish. A skilled family law attorney can give you the best advice about a path forward. Please note that fault divorce often takes much longer than no-fault divorce. The party being blamed for the end of the marriage may lose when it comes to dividing property, dividing child custody, or paying alimony, so you can expect them to fight back hard to prove their innocence.

If you are successfully able to prove the other party’s responsibility in ending the marriage, there are some potential benefits. First, you may be treated more favorably when it comes to dividing the assets and debts. Alabama is a state that requires the equitable distribution of assets during divorce, and if your partner mistreated you during the marriage, that will factor in when the judge decides how assets are divided. Second, if their mistreatment puts your children at risk, you may also get more parenting time. Finally, you may be granted a better alimony agreement if the other party caused the divorce.

Different Types of Alabama Divorce Proceedings

If you wish to part ways from your significant other in Alabama, the law offers several remedies depending on your circumstances.

• Legal Separation– When a couple wishes to separate but not legally divorce, this is an option. The couple must specify that they want a legal separation in their complaint and agree on all major issues, such as custody, asset division, and support.
• Annulment – An annulment essentially declares that a marriage was never legal and wipes it off the official record. Grounds for annulment include duress, fraud, bigamy, incest, and underage marriage.
• Uncontested Divorce– The simplest and most inexpensive form of divorce in Alabama, an uncontested divorce means that the parties have agreed on major issues such as property division, custody, and support. But, many still hire an attorney to help them reach these agreements and file the appropriate paperwork with the court.
• Contested Divorce– When the parties cannot agree on some or all major issues connected with their divorce, it is considered a contested divorce. There will be more steps required to reach these agreements and the possibility of a trial.

Common Mistakes People Make During a Divorce

Going the DIY Route

Lots of people think they can save money and time by doing their divorce on their own. Unfortunately, this often costs more in the long run. Without someone looking out for your best interests, you risk giving away important assets and rights during the divorce process.

Acting Out of Revenge, Not Justice

It’s natural to feel anger and spite during the divorce process, but it’s important to not let it guide your decisions. People often make the choices they make not because it’s what’s right for them, but because it will hurt their ex-partner.

Consider, for example, someone who fights tooth and nail for their ex-spouse’s antique coin collection. They don’t need it and could get the financial value out of another area of their divorce settlement, but they want the coins because they are important to their ex.

Putting Children in the Middle

Children are already heavily affected by divorce, and parents shouldn’t be doing more to make it even harder on them. Badmouthing the other parent around the child, holding parenting time hostage, withholding information, or otherwise weakening the relationship between the other parent and child is a huge mistake to make in a divorce.

Failing to Plan for Post-Divorce Life

No matter what your current situation is, you should expect your finances to change significantly after you divorce. Too many people leave it to chance and vow to figure it out “after the divorce is final.” By doing this, you put yourself at serious risk of overextending yourself, renting a place you can’t afford, and making other decisions that will leave you in difficult financial straits. It’s hard to make time when you’re already tied up in a divorce, but set aside some time to figure out what life will look like after you separate.

Emotional Impact of Divorce

The end of a marriage brings grief. Regardless of how inevitable the end was, you had dreams for your marriage and your family. It’s easy to get caught up in that loss and let it define your life, viewing it as a failure.

Give Yourself Time to Grieve

First, be patient with yourself. Some people try to jump right into viewing divorce as growth without giving themselves the proper time to grieve. Divorce is a loss that can have the same powerful impact as a death in the family.

Think About the Lessons You Have Learned

A failed marriage brings with it plenty of lessons. You have likely learned a lot about life, yourself, how you function in romantic relationships, and what you want out of a romantic partner. Rather than considering the time you spent married a waste of time, consider it a lesson. The lessons you take away from your marriage will help you lead a happier and more fulfilled life.

Pivot and Consider Your Future Goals

Try to avoid lingering too long on the dreams you had for your marriage and your family.

Instead, think about what you want your life to look like moving forward. Maybe you’re interested in falling in love again, or maybe you want to spend some time solo. Maybe you want to go all in with your career or get more involved in your community. Perhaps you’re ready to sell your house and travel the world, experiencing everything you put off in order to get married and raise children. The future is truly yours to build, so dream big.

How An Experienced Alabama Divorce Attorney Can Help

Dissolving a marriage is one of the most difficult actions a person can take. The decisions you make leading up to filing for divorce can have far-reaching consequences. If you are thinking about divorce or have been served by your spouse, you need strong legal counsel by your side that will ensure your interests and rights are protected.

At Coumanis & York, we have extensive experience representing clients throughout the Daphne and surrounding areas for divorce and other family law matters. We will work closely with you to thoroughly understand your needs so that we can customize our services to protect your interests and achieve your goals.

For a confidential consultation with one of our attorneys, call our office today at 251-990-3083 (Daphne) or 251-431-7272 (Mobile) or reach out to us online. We also provide divorce law Fairhope, divorce law in Foley, divorce in Saraland, and divorce law in Spanish Fort. We also provide legal assistance for high net worth divorce.