No couple ever thinks of divorce when they tie the knot; however, sometimes spouses can develop different marital issues that can become unbearable. Maybe a spouse believes they must move on while the other prefers to work on the problems and stay married. If you want to get a divorce, but your spouse does not want it, you may be wondering if you can pursue what you want. In Birmingham, Alabama, you can take action to obtain a divorce, regardless of what your spouse wants.
Divorce in the state does not need to be a mutual decision. You cannot be forced to stay married if you take the legal steps to obtain a divorce. As long as you follow the proper procedures, you can get a divorce even if your spouse disagrees with it. But the divorce process can take a long time if your spouse refuses to cooperate or fight your case. However, if you can prove your case, you will successfully get a divorce. To get the legal support you need, click here.
What to Expect from the Alabama Divorce Process
To understand what occurs when your spouse does not agree to a divorce, you should learn the basic procedures involved. These procedures include the following:
- Filing a divorce petition. If you want to initiate a divorce, file a divorce petition. In your petition, state that you reside in Alabama and what your grounds are for filing for a divorce. Grounds for divorce include adultery, abandonment, physical or mental incapacity, substance abuse issues, and irretrievable marriage breakdown.
- Determining whether to file for a contested or uncontested divorce. An uncontested divorce is when you and your spouse want a divorce and agree to its terms like property division, child custody, alimony, and child support. If you go through this divorce, you will complete a settlement agreement, sign this agreement, and submit it with the divorce petition. In this case, you can quickly get an uncontested divorce. But if your spouse fights the divorce, you cannot expect them to sign the papers. Rather, they will respond to the petition and state the reason why they do not agree with it. In this case, your case becomes a contested divorce and be tried in court.
- Preparing for trial. This includes demands from every party to the other for some documents like financial records. Also, interrogatories take place in which every side should answer certain questions the other side will pose. Depositions are expected in which every party answers questions under oath. Attorneys for every spouse and other interested parties may ask questions during a deposition.
If you and your spouse can’t move divorce proceedings to the agreement, a mediation may be ordered by a judge to try to avoid a court trial. During mediation, both parties meet with a mediator who concentrates on helping them work toward a settlement agreement. A series of sessions may be scheduled to allow you and your spouse to address disputes one at a time. Your respective attorneys can advise you during this process.
Mediators are particularly trained and are usually experienced. Spouses who set their differences aside and reach an agreement must present this to the court. But if you and your spouse cannot resolve your issues at mediation, you need to proceed to trial where the contested issues will be decided by a family judge.
If your spouse does not cooperate with your intent to divorce, hire an experienced divorce attorney who can examine the details of your case and create a legal strategy to achieve your desired outcomes. The best attorney will make sure your wishes are met and protect your rights and finances.
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