A default divorce is quite what it sounds like. It is granted to the petitioner of the divorce without a trial or allowing a chance for the defendant to answer. In Alabama, the divorce procedure begins with one party filing a divorce complaint in court and presenting it to the other party.
This is to inform you that you want a divorce; without this, you cannot get one.
Once provided with the divorce papers, the defendant party has a 30-day window to respond. If they do not, the party who filed the petition gets a default divorce.
During the hearing, only one party speaks and gets everything they want in the divorce, such as the custody of their children. To learn more, contact lawyers from The Harris Firm, LLC today.
How is a default divorce done?
As already stated in the introduction, a default divorce occurs when the defendant party does not respond to the divorce papers within 30 days of filing the complaint. The judge bases their ruling on what the plaintiff has said or written.
The defendant party is not considered. However, if the defendant gives a response to the plaintiff’s request for a default divorce, then the divorce will not occur. At this point, the divorce is considered contested.
Once the divorce is contested, the couple can settle matters in private. If the case is brought to court, the judge makes all the decisions– who gets custody, how the assets are divided, etc.
Steps to request a default divorce
If your spouse has not responded to your divorce papers in at least more than 30 days, you are eligible for a default divorce. To make a request, the plaintiff would require the following information:
- The defendant’s first and last name
- Plaintiff’s former first and last name (if they wish to change their name back)
- Plaintiff’s current mailing address
- Case number
- County where the divorce is filed
Do I have to meet grounds for divorce?
In Alabama, there are certain established grounds for divorce. Alabama has both fault and no-fault divorces. For fault divorces, you must prove at least one of the following:
- Your spouse showed violence towards you or your children.
- Your spouse was addicted to drugs or alcohol.
- Your spouse abandoned you for one year or more.
- Your spouse engaged in infidelity.
- Your spouse was jailed for at least two years within the past seven years.
Most cases of fault divorces in Alabama constitute one of these reasons. However, it is not a complete list. To know more about the divorce laws in Alabama, contact an attorney today.
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