Divorce
Filing for a divorce is a tough decision and can be an even tougher process. That’s why it’s important you hire an experienced divorce lawyer. Herlihy Family Law has over 20 years of experience helping clients successfully navigate their divorces.
Filing for Divorce in Mobile, Alabama
If you are looking to get divorced in Mobile, Alabama, the topic of divorce is often a very tough one to discuss. It’s a legal process that often leaves many confused and frustrated, all while they’re trying to sort out the highly emotional process of leaving a married relationship. Often there are high stakes to a divorce being performed properly, such as in the case of child custody, or contested assets. It can be messy, and improper filing can lead to a series of issues that directly affect one or both parties in getting their fair share. Hiring an experienced divorce attorney can help you navigate and understand the process and ensure you have someone looking out for your best interests.
A few things to keep in mind if you’re planning on filing a divorce in the State of Alabama
First, you have to prove that at least one of you has lived in the state of Alabama for at least 6 months prior to filing. From there, you have to present a legally acceptable reason for you and your spouse to separate.
Alabama recognizes 12 reasons that can legally allow for a divorce to be filed.
1
Adultery, also known as cheating.
2
Abandonment of over a year or more.
3
Your spouse has been imprisoned for over 2 years, when the sentence is 7 years or longer.
4
Your spouse has committed a “crime against nature, whether mankind or beast”.
5
Your spouse becomes addicted to alcohol, opium, morphine or illicit substances.
6
A judge determines that you and your spouse are no longer compatible and cannot live together.
7
Your spouse is a patient at a mental hospital and has been declared incurably insane.
8
Reconciliation is considered to be impossible and not in the best interest of the spouses or children.
9
The wife was pregnant at the time of the marriage and, unbeknownst to him, the husband was not the father.
10
Acts of violence that threatens your life or health, or a reasonable fear of an act of violence.
11
The wife has lived apart from the husband for 2 years with no financial support.
12
Impotence at the time of marriage
Types of Divorce
Contested Divorce
If you and your spouse are seeking a divorce but do not agree on the terms, then you may be headed for a contested divorce. This means that the two parties cannot agree on certain details of the divorce and, therefore, must rely on legal procedures to help resolve the case.
Uncontested Divorce
In some divorce cases, both spouses already agree on the terms and simply need to go through the legal process of dissolving their marriage contract. In these cases, the process is quicker and doesn’t require as much back and forth to resolve the case.
Want to File Your Own Uncontested Divorce Without a Lawyer?
We’ve made it easy and affordable for you to file your own uncontested divorce in Mobile County. Our Uncontested Divorce Packet contains all of the necessary paperwork you will need to properly file your uncontested divorce.
This is only for those who have lived in Mobile County for at least the last six months and do not have any children. Please make sure you meet these requirements as there is a strict no refund policy.
Only $500
Divorce F.A.Q.s
Alison Herlihy answers frequentely asked questions about divorce during this interview with FM Talk 1065.
What is annulment?
What is guardianship?
How do you do name changes?
To change your name in Mobile, Alabama, you must file a notarized “Petition for Name Change” with the Mobile County Probate Court, providing a birth certificate, photo ID, and paying a $58+ fee. Adults (19+) must be residents, while minors require parental consent. Background checks are usually required, and a hearing may be scheduled. Visit the Mobile County Probate Court website to learn more by clicking the button below.
What are prenuptual agreements?
What is mediation?
Mediation is a voluntary, confidential, and informal dispute resolution process where a neutral third party (the mediator) helps conflicting parties communicate, negotiate, and reach their own mutually acceptable agreement. It avoids the expense and time of litigation, focusing on future solutions rather than past blame.
How long does the divorce process take?
One of the most common questions is “how long does a divorce take in Mobile, Alabama?” In Mobile, Alabama, an uncontested divorce typically takes 30 to 60 days to finalize, as Alabama law requires a mandatory 30-day “cooling-off” period after filing. However, contested divorces involving disputes over property or child custody can take significantly longer, often ranging from several months to over a year.
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When you hire Herlihy Family Law, you get the experience of over 20 years of resolving family law matters in Mobile, Alabama. It’s no wonder our clients give us exceptional reviews.
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