Filing for Divorce in Birmingham

Serving Clients in Birmingham, Shelby County, and throughout Alabama

The complexity of the divorce process depends on a number of individual factors, including the grounds for divorce, whether the interests of children are present, and whether one spouse contests terms of the divorce.

The Birmingham attorneys at Jonathan W. Gathings & Associates understand the stresses associated with divorce, and we can help you understand your options and what to expect from the divorce process in Alabama. Please call us today at 205-545-7475 to speak with one of our lawyers and arrange your personal divorce consultation.

Fault and Grounds for Divorce

In Alabama, a spouse may file a divorce complaint on no-fault or fault-based grounds so long as one of the spouses has been an Alabama resident for at least six months. Although there are 12 statutory grounds on which a spouse can file for divorce, the most common are incompatibility and irretrievable breakdown of the marriage.

These are considered “no-fault” grounds, which means no individual spouse is responsible for wrongdoing in the ending of a marriage; a spouse may also file a divorce complaint on fault-based grounds, such as adultery, drug addiction or domestic violence. For additional information, please see our Alabama Divorce Law page.

Divorce Process in Alabama

Divorce is a civil action in which one spouse files a legal document to divorce the other spouse. After the plaintiff spouse files for divorce, he or she must provide the other spouse with the legal complaint; the divorce may be uncontested or the defendant spouse may choose to contest the divorce.

In cases of uncontested divorce, Alabama has a 30-day waiting period before the divorce takes effect. There are specific requirements regarding where a divorce complaint is filed and deadlines for contesting the grounds for divorce and other issues including:

Our attorneys have extensive experience with divorce cases, particularly in divorce proceedings in which the best interests of children are at stake. We can help you understand your options and protect your rights.

To arrange your personal consultation with one of our knowledgeable divorce attorneys, please contact Jonathan W. Gathings & Associates today. We welcome clients from the greater Birmingham, Alabama, area and throughout Jefferson and Shelby counties.