How do Divorces Work in Shelby County
Divorces in Shelby County, Alabama are handled by the Circuit Court of Shelby County. There are rules called Civil Procedure in the State of Alabama that attorneys must follow when processing cases through the Courts and divorces are just civil cases and must follow these rules. Even in an online divorce in Shelby County, these rules of civil procedure must be followed if you want to get a divorce decree in Shelby County, Alabama. If you call us today, our lawyers can explain how uncontested divorces work in Shelby County.
Divorces are filed in the Circuit Court of Shelby County, and the Family Court judge is the Circuit Court Judge that handles these matters. At least one of the parties needs to be a resident of Alabama and reside in Shelby County to file a case here.
To be a resident of the State of Alabama, you must have lived in Alabama for the past six months. One of you needs to live in Shelby County for any length of time to file in that particular county and not have them object to it. You can file in Shelby County if both of you are residents of Alabama even if neither of you live in Shelby County, but Shelby County does not have to let you since it is up to them to let you do so. A county might not want people forum shopping from one county to another because they make it easier than others to get divorced and they might discourage county filers by dismissing or transferring such cases. This is why it is best to file in a county one of you live in even if you can file somewhere else.
Before you file a divorce, you need to decide if it is an uncontested divorce or a contested divorce. An uncontested divorce is much less expensive and simpler than a contested divorce. In an uncontested divorce there is generally no court and you can do almost entirely online since both parties are in complete agreement already. If neither party is in agreement then you will have to file a contested divorce which is much more expensive. A contested divorce means you file it and the judge will have to decide your disagreement at a trial, which could take a very long time to get.
Once you know whether it will be filed as a contested or uncontested divorce in Shelby County, then you will need to come up with the fees and pay for your lawyer. The divorce attorney will then file a Complaint and if it is a cheap divorce in Shelby County they will also file the signed settlement agreement. Then the court signs your divorce decree and you are divorced. If it is contested, then our Alabaster divorce lawyers will need thousands of dollars up front to even get it filed and it will take much longer and cost much more in attorney fees than an easy uncontested divorce.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, and real estate closings on this website. He is always available in any of the firm’s offices or by phone anytime for a consultation. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply any feedback. We appreciate our readers and love to hear from you!
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