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Once served, the spouse has 30 days to file an Answer. If they do file within this time period, then your contested divorce will periodically be set for hearings, mediation, and other settings in order to see if both of you can docHub an agreement on some of the contested issues.
In a marriage that lasted 10 or more years, a judge may award one spouse a portion of the other spouses retirement accounts. Regardless of the length of the marriage, the court cannot include benefits a spouse earned before the marriage in the division.
The spouse who files first in the divorce is the plaintiff. The other spouse is the defendant. Being the plaintiff has certain advantages. This spouse gets to start on the offense and set the initial tone of the divorce.
Agreement on the Divorce Issues To get an uncontested divorce in Alabama, you and your spouse must agree on all the issues involved in ending your marriage, including: how youll divide your marital property and debts.
If the Defendant does not respond within thirty days to your Divorce Complaint, you can then file for a default divorce. In Alabama, if you cannot find your spouse then you have to serve them by putting an ad in the paper. These types of divorce procedures are sometimes called divorce by publication.
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People also ask

My Spouse Wont Sign the Papers: Contested Divorce in Alabama. Its a common theme on TV and in Hollywood movies: My husband/wife wont sign the papers, so I cant finalize the divorce! In reality, you dont need your spouses consent to file for divorce, although it does make the process easier.
If the Defendant does not respond within thirty days to your Divorce Complaint, you can then file for a default divorce. In Alabama, if you cannot find your spouse then you have to serve them by putting an ad in the paper. These types of divorce procedures are sometimes called divorce by publication.
Alabama is not a community property state in which all assets are split 50/50 and divided between the couple. Alabama is an equitable distribution state, which means that assets gained during the marriage or used for the benefit of the marriage should be split in a fair and equitable way.
In Alabama, debt and assets are divided in an equitable fashion. That means that, rather than being divided 50/50, debt is split up in a way that is fair to both parties.
Are there benefits to filing for divorce first? Filing for divorce before your spouse allows you more control over the situation from the beginning and could provide some strategic options. Filing for divorce first does not give you any inherent rights over your spouse.

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