At J Hardy Family Law, we know that marriages are tricky; and sometimes a marriage may end in divorce. Knowing what the laws are for your state, plus the requirements for filing, are critical tools your lawyer must know. In Alabama, there are criteria and guidelines to follow for a successful filing and entry of a divorce agreement or order. With divorce agreements, property division and rights relating to custody and the visitation of children are two of the most important issues covered.
Conditions that constitute as legal reasons to file for a divorce are:
Irretrievable breakdown of the marriage, (No fault ground)
Incompatibility of temperaments, (No fault ground)
Habitual Drug/alcohol addiction after marriage,
Separation (2 years or more),
Voluntary abandonment from bed or home for 1 year,
Imprisonment (up to 2 years or more if the sentence is 7 years or longer),
Incurable insanity, or other mental illness that does not respond to treatment,
Cruelty or violence,
Pregnancy at the time of marriage without the husband's knowledge,
Crimes against nature (human or beast, before and/or after marriage),
In addition, first Alabama needs jurisdiction over your case which mostly happens when either spouse has been a resident of Alabama, for at least 6 months before filing. Then, there is a 30-day statutory waiting period before a divorce agreement can be finalized.
Both parties must come to a mutual agreement when deciding their divorce decree. This is helpful because when spouses cannot come to an agreement, a Judge enters an order for the spouses based on what is best for both parties and children (if any), after a full evidentiary trial in open court.
Pre-Nuptial or Post-Nuptial agreements can help establish you and your future spouse avoid court and assist in the division of assets between spouses, if the worst were to happen in your relationship. Jessie Hardy and the team at J Hardy Family Law can help create both Pre-Nuptial and Post-Nuptial agreements.
Once the divorce agreement is made legally binding, any modifications to the agreement must be filed through the courts, and legal ramifications/consequences (known as contempt) can arise from not adhering to the agreement/order (such as fines or jail time). Divorce agreements also help set guidelines for child custody agreements and child support. There are also other legal alternatives to divorce, such as annulment or legal separation. Here at J. Hardy Family Law, we work with you to find the best family law solution for your needs.
Contact our office today to schedule your consultation with Jessie Hardy and her team.