Legal Question in Family Law in Alabama

Default divorce information for non-residents.

Does any state allow divorces when both petitioners are non-residents? Is there any way to get a divorce without the consent or agreement of your spouse? Is dissolution a legal option in Alabama?

Asked on 8/02/00, 2:47 pm

1 Answer from Attorneys

David Forrester Forrester & Associates

Re: Default divorce information for non-residents.

The State of Alabama will grant a divorce to nonresidents if they are present in the state pursuant to military duty and have been present for 6 months.

You can get a divorce in Alabama without the consent or agreement of the other party in three circumstances: 1) If you are unable to find them, then you serve them by publication and take a default judgment against them if they fail to respond; 2) If you serve them with the divorce complaint and they fail to file an answer with the Court within 30 days or do not show for the Court date, then you may take a default judgment against them; and 3)If they do not consent or agree, then you take the matter to trial. In Alabama if one of the parties state under oath that the marriage is broken and can not be repaired, then absent some very unusual circumstances a divorce will be granted over the objection of the other party.

Dissolution is not available in Alabama, only annulment, legal separation, or divorce.

If we can be of assistance, please feel free to contact us at Forrester & Associates, 256-435-1007.

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Answered on 9/23/00, 8:46 pm

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