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Under Alabama law, the spouse who wants a divorce can take action to get a divorce even if the other spouse disagrees. Learn how our experienced Huntsville, Alabama divorce lawyers can assist you by calling (256) 859-7277 or filling out our online form today.
If only one former spouse seeks modification, he or she files a Petition to Modify the Decree. Both parties must then attend a hearing at which the petitioner (plaintiff) will state his or her case and the other spouse may rebut the argument. The judge will consider the arguments and approve or deny the petition.
The filing fees for an Alabama divorce modification vary from county to county but are usually between $200 and $350 or more, depending on the county your case was in originally. If you are not in agreement with your ex-spouse then you will need to file a contested petition to modify your divorce decree.
In Alabama, a divorce process begins when one divorcee files a complaint against the other. The other spouse must respond within 30 days. If the person who receives the complaint fails to respond, then a divorce by default occurs.
Divorce decrees or divorce case files are obtainable at the Clerk Office of the court where the divorce took place. The requester can send a written request or make the request in person.
It's Difficult But Not Impossible If Your Divorce Is Final In this case, you only have 30 days to file a request to reverse the settlement or decree. After that 30-day window, you would essentially have to get remarried from scratch (this cannot happen until at least 60 days after your divorce is finalized).
You have the right under Alabama law to file a motion to alter, amend or vacate the ruling. You may also appeal the ruling to the Alabama Court of Civil Appeals and then seek review by the Alabama Supreme Court.
It involves what are sometimes referred to as ?morality? or ?paramour? clauses that are written into divorce agreements involving children. Typically, they are put in place to prevent cohabitation or overnight visits of the opposite sex while that parent has the children.