How long does a divorce take?

December 19, 2024 Editorial Staff 13 min read

For many people in Alabama, the biggest question is how long it will take to get a divorce. While we would love to give you a simple divorce timeline, each divorce in Alabama is as unique as the people involved. The divorce timelines in Alabama can range significantly, from as little as six weeks for uncontested divorces to upwards of a year or more for complex situations.

In our nearly two decades of family law experience in Alabama, we’ve seen all kinds of divorce cases and can help you get a feel for what to expect based on your circumstances. Read on to learn a bit more about each divorce type, what to expect throughout the process, and why working alongside a trusted Alabama divorce and family law team can help smooth out the process.

What Factors Impact Divorce Timelines in Alabama?

Throughout our time in family and divorce law, we’ve found that there are a few specific factors that play a role in just how long the process may take. Here are some factors to consider to get a realistic picture of how long a divorce will take. Uncontested divorces can take as little as six or ten weeks to complete after the initial filing. However, contested divorces have taken anywhere from six to 18 months to resolve.

The Alabama Residency Requirements

Another key factor impacting the length of divorce proceedings is the residency requirements that must be met before filing. The complexity of your marital estate will determine how long it takes to complete your divorce. High-value assets, business ownership, retirement counts, multiple properties – each of these require careful valuation and division, which can require that the timeline be extended so that everything is handled properly.

Any Child or Dependent-Related Matters

Divorce cases in Alabama involving children will often take longer to resolve due to the additional considerations required for custody arrangements. You will need to deal with all the details of visitation schedules and child support. The court is concerned about the welfare of the children and dependents involved, so you can expect to be given time to do your due diligence before making any final decisions. Even in contested cases, spouses who are willing to compromise and maintain constant communication will often have a quicker resolution. If there is disagreement or resistance, expect the timeline to be extended. As you can imagine, all of these factors will affect the length of the divorce process from the initial filing to the final annulment. It is important to have a trusted and experienced legal team on your side during a divorce. What are the pre-filing rules in Alabama?

If your goal is to have your divorce move as quickly as possible, you will want to be aware of the requirements. These will vary from state to state, and knowing what they are can help avoid delays or complications in the process.

Residency Requirements

As mentioned above, Alabama law puts in place residency requirements for those wishing to divorce. While they are fairly straightforward, you’ll need to follow them closely to avoid any unnecessary delays:

If both spouses currently live in Alabama, you can file immediately with no waiting period

If only one spouse lives in Alabama, that person must have been a resident for at least six months before filing

The divorce should be filed in the county where either the filing spouse or the responding spouse resides

Required Documentation

You’ll also need to be prepared to submit a variety of documents to the court in the pre-filing process:

Basic Filing RequirementsComplaint for Divorce (initial petition)

Summons

Certificate of Divorce (vital statistics record)

Affidavit of Residency

Marital settlement agreement (for uncontested divorces)

Acceptance and Waiver of Service (if your spouse agrees to accept service)

Documentation Required for Divorce Cases Involving Children:

If your divorce process involves children, there are a variety of forms you will have to prepare and submit at this stage:

Child Support Information Sheet (Form CS-47)

Child Support Obligation Income Statement/Affidavit (Form CS-41)
Child Support Guidelines Form (Form CS-42)
Child Support Guidelines Notice of Compliance (Form CS-43)

Order/Notice to Withhold Income for Child Support

Financial Documentation

While not always required in the pre-filing stage, it never hurts to be prepared with the following key financial information:

A complete inventory of marital assets and debts

Recent tax returns
Bank statements and investment account information
Property deeds and vehicle titles
Retirement account statements
List of monthly expenses and income sources
Uncontested Divorce Timeline in Alabama

An uncontested divorce is often the quickest and most cost-effective path forward for couples seeking divorce in Alabama. This approach works best when both parties agree on all major issues, including property division, child custody, and financial arrangements.

While Alabama law requires a minimum 30-day waiting period after filing before a divorce can be finalized, uncontested divorces typically move through the system more efficiently than other types.

Based on our experience handling divorce in Alabama, the majority of uncontested divorces can be completed within 5-10 weeks from the date of filing, assuming all paperwork is in order and both parties remain cooperative.
Typical Uncontested Divorce Timeline
Week 1: Initial Filing and Documentation
File the Complaint for Divorce with your local circuit court
Submit all required forms and documentation

Pay filing fees (typically $200-350)

Spouse signs and returns Acceptance and Waiver of Service

Weeks 2-4: Mandatory Waiting Period
Alabama’s required 30-day “cooling off” period begins
Court processes initial paperwork
Both parties can review and finalize any remaining agreements
Time to correct any issues with initial filing if needed
Weeks 5-6: Final Processing

Court reviews complete divorce package

Judge signs the final decree if all requirements are met

Final decree is recorded with the court

Weeks 7-10: Administrative Processing

Court clerk processes final paperwork

Divorce decree copies are made available to both parties

Marriage is legally dissolved
Begin implementing divorce agreement terms
Remember – every divorce timeline will vary depending on a variety of factors and the complexity of the separation. Always speak with an experienced attorney before taking any steps toward annulment – even in uncontested circumstances.
Contested Divorce Timeline in Alabama

While uncontested divorces can be completed in a matter of weeks, contested divorces typically take much longer – often 6-18 months or more. As we have discussed, contested divorces are when spouses disagree over one or more key issues, such as property division or alimony. They may also disagree about child custody or the grounds for divorce. This is because these cases often require multiple court appearances and formal discovery processes. They also require extensive negotiations.

Each disputed issue must be carefully documented and potentially argued before a judge, which adds significant time to the process.
Typical Contested Divorce Timeline
Months 1-2: Initial Filing and Response
Filing spouse submits divorce complaint

Court issues summons to responding spouse

Responding spouse has 30 days to file an answer
Temporary orders may be requested and heard
Initial court appearance or status conference scheduled

Months 2-6: Discovery Phase

Each party can request information from the other
Financial documents are exchanged
Depositions may be taken
Expert witnesses may be consulted (for business valuations, custody evaluations, etc. )

Interrogatories and document requests are processed

Months 6-9: Negotiation and Mediation

Attorneys attempt to negotiate settlements

Mediation may be required by the court

Temporary hearings on pressing issues

Guardian ad litem may be appointed for children

Settlement conferences with the judge

Months 9-12: Pre-Trial Preparation

If settlement isn’t reached, trial preparation begins
Expert witnesses are prepared
Evidence is organized
Trial exhibits are prepared
Pre-trial motions are filed and heard

Months 12-18: Trial and Resolution

Trial is held (can last days or weeks)
Judge considers evidence and arguments
Final judgment is issued
Post-trial motions may be filed
Appeals period (42 days in Alabama)

Special Divorce Timeline Scenarios

Military Divorce Timelines
Military divorces involve additional considerations that can affect the timeline. The Servicemembers Civil Relief Act (SCRA) provides active duty military members certain protections that can extend the typical divorce timeline.
Typical Timeline Factors:

Active duty service members have the right to delay divorce proceedings while on deployment

Minimum 90-day stay of proceedings if requested by the service member
Additional time may be needed for serving divorce papers overseas
Special considerations for military pensions and benefits
Jurisdiction requirements based on military residence vs. stationed location
Default Divorce Timeline

When one spouse cannot be located or fails to respond to divorce papers, a default divorce may be pursued. While this might seem simpler, it actually involves specific procedural requirements that affect the timeline.

Typical Timeline:
Initial filing and attempt at service (30 days)
If a spouse cannot be located, a public notice requirement (usually 30 days)
Service by publication (typically runs in newspaper for 3-4 weeks)
Additional 30-day waiting period for response

Court review of default request (2-4 weeks)

Final decree issuance (1-2 weeks)

The total time for default divorces typically ranges from 90 to 120 days, assuming all publication requirements are met and proper procedures are followed.

The Value of Expert Legal Counsel in Your Divorce Timeline

Understanding divorce timelines is one thing–navigating them successfully is another. While it’s possible to handle a divorce without legal representation, having experienced counsel can have a significant impact on the duration and outcome of your divorce proceedings.

Alabama Divorce Attorneys Bring Expertise To Your Case

Experienced legal counsel can assess your situation before filing and develop a clear roadmap for your divorce. This early planning helps avoid common pitfalls that often delay proceedings and ensures you’re taking the most efficient path from the start.
Pre-filing strategy development
Documentation preparation
Timeline projection
Asset protection planning

They Can Help You Navigate Local Court Systems

Every county in Alabama handles divorces slightly differently. A lawyer who is familiar with the local court system can help you avoid unnecessary delays and ensure a smooth case processing. This local knowledge is particularly valuable when working with a firm with offices throughout the state.

Experienced Firms Handle Document Preparation and Processing

One of the most common causes of divorce delays is incorrect or incomplete paperwork. Experienced attorneys ensure:
Accurate completion of all required forms
Timely submissions and responses
Proper tracking of deadlines
Organized record-keeping
Divorce Attorneys Aid in Problem Solving and Conflict Resolution

When issues arise that could delay your divorce, experienced counsel can address them quickly and effectively. This might include negotiating with opposing counsel, suggesting creative solutions, or knowing when to compromise versus when to stand firm.

They Can Set Communication Standards and Expectations

Regular updates and clear communication help keep your divorce on track. The right legal team provides a variety of key communication expectations to your divorce process:

Monthly case updates

Prompt responses to questions

Clear timeline expectations
Updates on any changes or delays
They Help You Avoid Costly Delays
While legal representation adds to the initial cost of divorce, experienced counsel often saves money in the long run by:

Avoiding costly mistakes

Preventing unnecessary litigation

Managing expectations

Protecting long-term interests

Remember that while the timeline of your divorce is important, the quality of the outcome will affect you for years to come. Working with experienced legal counsel helps ensure both an efficient process and a favorable result.
Contact The Harris Firm – Your Partner in Alabama Divorce Law
At The Harris Firm, we’ve guided clients through divorces across Alabama for nearly two decades, helping them navigate timelines efficiently while protecting their interests. We can provide experienced representation anywhere in Alabama, from Huntsville all the way to Mobile. We’ll help you understand what timeline you might expect based on your specific situation and discuss strategies for moving forward effectively.
The sooner you reach out, the sooner we can help you plan your path forward. Contact us today to begin.

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