Alabama law requires that you reside in the State for at least 6 months before you can file for divorce.

You can still file in Alabama, as long as you have lived here for at least 6 months. If your spouse lives in another state, the process may take longer and may be more complicated.

Your spouse will have to be served with the Complaint for Divorce, whether he or she lives in Alabama or not. Service upon a party who lives out of state may require hiring a special process server to take the Complaint to your spouse, or, under certain circumstances, by sending the Complaint via certified mail to your spouse's home. If you do not know your spouse's address, you may be able to effect service by publishing notice of the divorce in a newspaper approved by the Court.

At a minimum, Alabama law has a 30 day waiting period before a divorce can be granted. In reality, even if you and your spouse agree on everything, it may take more than 30 days to finalize your divorce and for the judge to sign your divorce decree. If you and your spouse do not agree on the terms of your divorce, be prepared for the process to take up to (and in some cases more than) a year to complete. Extremely complex cases may take several years to resolve.

The fee to file a Complaint for Divorce varies by county in Alabama. In the metropolitan Birmingham area, the filing fee for Jefferson County is currently $154.00, and the filing fee for Shelby County is currently $160.00. If you hire a special process server or attempt to serve your spouse by certified mail, there will be additional up front costs. Also, if you retain counsel, there will be lawyer's fees.

Lawyers handle divorce cases a couple of different ways. Primarily, lawyers handle divorce cases either on a set flat fee or on an hourly rate, depending on the complexity of the case and the issues involved.

Your attorney's fee could be anywhere from several hundred dollars to several thousand dollars, depending on the issues involved and complexity of your case. Make sure your lawyer explains the fee arrangement at the beginning of your representation so there are no surprises.

Alabama law allows a Court, in its discretion, to award an attorney fee in a divorce case, but there is no guarantee that the Court will make an award.

Yes, but if there are children involved or assets and debts in dispute, you should seriously consider consulting with a lawyer about your divorce.

No. A lawyer can only represent one party to a divorce. In an "uncontested" divorce, one lawyer may prepare all the paperwork necessary to finalize the divorce, but that lawyer only represents the plaintiff (the party filing the Complaint for Divorce). The other party (defendant) will have to sign an acknowledgement that the lawyer represents only the plaintiff and that he or she understands the right to have an attorney represent his or her interests in the divorce.

How much child support will I have to pay?

 In Alabama, as in other states, the courts have adopted Basic Child Support Guidelines. Your child support will be based upon these guidelines. The guidelines will use the Gross Monthly income of both parents along with monthly Health insurance costs of the child and monthly Day Care costs of the child in determining the monthly child support obligation. The Guidelines may be deviated from but, subject to the Court's approval.

Do I have to allow visitation if my ex-souse fails to pay child support?

Yes, in Alabama Child Support and Visitation are two separate issues. Your failure to allow Court Ordered Visitation could subject you to a Contempt of Court proceeding being filed against you by your ex-spouse.

Do I have to pay Child Support if my ex-spouse does not allow me visitation with my child/children?

Yes, in Alabama, your obligation and responsibility to pay Court Ordered Child Support is not affected by the wrong doing of your ex-spouse. Your relief is to petition the Court for enforcement of your visitation rights through a Contempt of Court proceeding.