Huntsville Divorce Attorney
Knowledgeable & Client-Oriented Advocacy for Your Divorce in Madison, Limestone, or Morgan County
Divorce can be one of the most stressful events in life. The decisions made during the divorce proceedings can have far reaching impacts on the parties, their children, and their financial well-being.
If you plan to end your marriage or your ex-spouse has served you with a divorce suit, our Huntsville divorce attorney can be invaluable. Our divorce lawyer can help you decide the best options for handling the case and reaching a favorable result in your divorce proceedings.
Rebekah L. Graham & Associates provides clients throughout Huntsville and the surrounding areas with comfortable and professional support through the divorce proceedings. They can help from the initial stages of planning for divorce to the final resolution of the divorce, whether in a settlement or a trial, and each step in between. You do not have to go through divorce alone. Rebekah L. Graham & Associates can provide legal assistance and compassionate counsel.
Schedule a consultation with our law firm online or by calling (256) 792-6075 to discuss your case in more detail with our Huntsville divorce attorneys.
How to Get Divorced in Alabama
To be eligible for divorce in Alabama, at least one of the spouses must have been a resident of Alabama for at least six months prior to filing for divorce.
Fault-Based or No-Fault Divorce
You will need to determine whether you would like to file for a fault-based or no-fault divorce. The differences are as follows:
Fault-based divorce:
- Adultery
- Abandonment
- Habitual drunkenness
- Physical abuse
No-fault divorce:
- Irretrievable breakdown
- Incompatibility of temperament
Contested vs. Uncontested Divorce
Divorces can be either uncontested or contested:
- In an uncontested divorce the parties reach an agreement as to all issues and submit that agreement in writing to the court when the complaint for divorce is filed.
- In a contested divorce one of the parties (plaintiff) files a complaint for divorce with the court. That complaint is served upon the other party (defendant), who must answer the complaint.
The divorce proceedings can get complicated, especially if there are numerous issues in dispute. An experienced Huntsville divorce lawyer can be extremely valuable in helping a party to a divorce navigate the process.
What are the Grounds for Divorce in Huntsville, Alabama?
Incompatibility is the most common ground for divorce and is often categorized as a “no-fault divorce.” Generally speaking, it is not difficult to sufficiently show (or prove) to the court that incompatibility exists and warrants dissolving the marriage relationship. Other grounds for divorce include:
- Addiction to drugs or alcohol
- Adultery
- Cruelty
- Desertion
- Mental incapacity
- Imprisonment for a prolonged period of time
Additionally, if you can prove that a condition such as pregnancy or an incurable problem existed at the time of marriage but without your knowledge or consent, this may also serve as grounds for a divorce in Huntsville, AL.
How Long Will the Divorce Process Take?
The length of the process will depend on the variables involved in a divorce. For example, a marriage that lasted for a relatively short time (for example, less than 5 years) will likely settle quickly, especially if there is no child from the marriage and only modest marital property. On the other hand, ending a 25-year marriage with substantial assets and child could take much longer.
Regardless of individual circumstances, all divorces will be impacted by:
- Each party’s willingness to negotiate and reach an agreement on the terms of the divorce, such as property / asset division, child custody arrangements (if applicable), alimony, and more
- Residential status – the filing party must be an Alabama resident for at least 6 months prior to filing
- 30-day waiting period from the date the complaint is filed (keep in mind that, in some cases, it may take longer than 30 days for the court to process the divorce)
After all documents have been signed by both parties and filed with the court, the average divorce will take between 6 and 10 weeks (if uncontested). Alternatively, a contested divorce could take months or years depending on the circumstances involved.
How Much Does a Divorce Cost?
The cost of a divorce can vary significantly, influenced by several factors that make each case unique. One of the primary factors affecting cost is the type of divorce. An uncontested divorce, where both parties agree on all terms, is generally less expensive due to its simplicity and limited court involvement. Conversely, a contested divorce, which involves disputes over issues like child custody, spousal support, and property division, tends to require more time and resources, increasing the overall expense.
The complexity of marital assets also plays a role. Divorces involving extensive financial portfolios, businesses, or high-value properties may require additional time for asset valuation and division, impacting costs. Additionally, legal fees can vary based on the length of the process and the level of negotiation or litigation required. If mediation or alternative dispute resolution methods are pursued, costs may be more controlled, but a drawn-out court battle generally leads to higher expenses.
Ultimately, the cost of a divorce depends on each case's unique circumstances. Clients seeking a clear understanding of potential costs should consult with a divorce attorney to discuss their specific needs and objectives.
Will I Have to Go to Trial for My Divorce?
By law, the party against whom divorce papers are filed must respond within 30 days. If they do not file an Answer to the Complaint within this window, the judge may rule by default. A default ruling will typically favor the person who initially filed for the divorce, as the judge’s ruling will consider the oral or written testimony of only the party who filed.
If, on the other hand, the Defendant files a response to the Complaint, a trial will be set where each party will have the opportunity to appear before the judge and call witnesses. The goal of the trial is to determine an established set of rulings for the divorce, which may include matters pertaining to property division, alimony, child custody, etc.
How to Resolve Divorce Disputes
Depending on the situation, the following are some of the issues typically raised in divorce disputes:
In many cases an agreement is reached by the parties through negotiation with the help of their lawyers. In other cases, an agreement is reached through the mediation process, facilitated by a trained mediator. If a couple cannot settle all their disputes in negotiation or mediation, they will proceed to trial, where a judge will make the final decision.
The Huntsville family law attorneys at Rebekah L. Graham & Associates are equipped to assist clients with each of these dispute resolution methods. Contact our firm today to learn more.
Aggressive & Experienced Representation Throughout Your Alabama Divorce
Whether you have legal questions about filing for divorce in Huntsville or how to resolve your disputes concerning your children, financial support, or asset division, the attorneys at Rebekah L. Graham & Associates can help. They have years of professional experience representing parents and spouses and will fight compassionately for your interests.
Contact Our Huntsville Divorce Lawyers
Going through a divorce can be a challenging and emotional process, but having the right legal guidance can make all the difference. At Rebekah L. Graham & Associates, our team of experienced Huntsville divorce attorneys is here to provide knowledgeable and client-oriented advocacy for your divorce in Morgan, Limestone, or Madison County.
When it comes to getting divorced in Alabama, there are various factors to consider, including the grounds for legal separation, the duration of the process, and the possibility of going to trial. Our attorneys can help you navigate through these complexities and provide aggressive and experienced representation throughout your Alabama divorce.
Whether you are looking to resolve divorce disputes or simply need guidance on the divorce process, our team is here to assist you every step of the way. Schedule a consultation with Rebekah L. Graham & Associates online to discuss your divorce options in Huntsville or anywhere in the surrounding counties today.
Schedule a consultation with Rebekah L. Graham & Associates online, or by calling (256) 792-6075, to discuss your divorce options in Huntsville, AL or anywhere in the surrounding counties today.
Hear It From Our Clients.
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Highly recommend Rebekah L. Graham & Associates. Attorney Graham is experienced, knowledgeable, conscientious, and always well prepared. She answers questions promptly and seems happy to explain details of the law to me so that I can understand the reasoning behind her choices. Prices are reasonable with fair and transparent billing.- David G.
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Rebekah and her team represented me in a very complex family law matter. She was honest with me, offered her professional opinion, and led me through the process with a level of professionalism I did not expect or know I needed. I'm positive my case couldn't have been handled better. Thank you, Rebekah L. Graham & Associates!- April Z.
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The team at Rebekah L. Graham & Associates is fantastic. Attorney Graham did a great job explaining each step clearly and provided sound legal advice along the way. Operating with efficiency and precision, the team works tirelessly for clients. Highly recommended.- William C.
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Thanks Rebekah and team!- A.Z.
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Responds promptly to all inquiries!- K.C.
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Very diligent, hard working, and proactive!- E.A.
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Experienced, knowledgeable, conscientious, and prepared!- D.G.
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My case was handled with speed and great care. I was given the results I hoped for and everything was taken care of very easily- Micheal