![]() ![]() On average though, from the time of filing for a divorce complaint to the time when the Alabama judge issues the final decree of divorce, an uncontested divorce can take as little as two months or as long as six months to be finalized. It is only after this that the judge can grant the divorce. There’s usually no need for a trial in an uncontested divorce.įrom the point the divorce complaint is filed, Alabama law prescribes a mandatory 30 days waiting time. There are basically two types of divorce filings obtainable in Alabama, which are:Īn uncontested divorce is one where both couple agree on the need for a divorce and on the settlement terms as well before the divorce complaint is filed. This is because the processes of the latter usually require some form of proof or evidence and can result in a longer, more expensive, and more complex divorce process. Generally, the no-fault filing is usually preferred over the fault-based filing. Confinement in a psychiatric ward for at least five years owing to incurable insanity.The wife happened to be pregnant as at the time of marriage without husband’s prior knowledge.Impotence or inability since the duration of the marriage.Imprisonment for over two years, with a sentence of at least seven years.Code § 20–2–1 (2019), other legal fault-based grounds that can warrant a divorce include: The aggrieved party can as well file for a divorce on the grounds of a separation that has lasted for about two years. In a no-fault divorce, the assumption is that there has been an irretrievable breakdown of the marriage, there are irreconcilable differences, or that the parties are completely incompatible. What this infers is that the party involved can file for either a no-fault divorce or a fault-based divorce. With the no-fault ground being the most popular of the two. In Alabama, the grounds for undergoing a divorce process is categorized into two the fault and no-fault ground. As of 2018, there were about 9.8 divorces out of every 1000 women who were 15 years of age and above. If you are divorced or contemplating divorce and having financial difficulties, please contact your local Bond & Botes office to ask for a free consultation to discuss your financial options.Alabama divorce records are documents containing the full details of the divorce process between formerly married couples. Like the Bentleys, other couples could ask the domestic court to have their divorce records sealed as well but the matter is left at the discretion of the domestic court judge. Bentley matter relied upon to have the records sealed was that the case pertains to “wholly private family matters”. The provision the lawyers in the Bentley v. poses the potential harm to third person not parties to litigation.poses a serious threat of harassment, exploitation, physical intrusion, or other particularized harm to the parties…. ![]() pertains to wholly private family matters, such as divorce….The Alabama Supreme Court held that records should not be sealed unless “the moving party has proved by clear and convincing evidence” that the documents contain information that First, upon a motion to seal, the “court shall conduct a hearing”. 1993), a ruling by the Alabama Supreme Court outlining how requests to seal cases should be handled and the factors to consider. The reason the request was made is due to Governor Bentley holding “a prominent office in the state of Alabama, and it would be in the parties’ best interest that the public not be able to access the record in the divorce action”.Īccording to news sources, the ruling to seal the records cites Holland v. Shortly after the complaint was filed, the parties jointly asked a Tuscaloosa County Judge to seal the records in the divorce proceedings and the request was granted allowing only the parties, their attorneys and employees thereof and court employees’ access to the divorce records. Maybe, but you have to ask the domestic court judge to do so.Īs most Alabamians already know, last week the First Lady of Alabama filed for divorce from Governor Bentley after a half century of marriage. ![]()
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