Understanding the Divorce Process

At a time when your life can feel like it's in utter chaos, sometimes the smallest bit of predictability can bring a sense of comfort. The outcome of many aspects of your divorce may be unknown, increasing your fear and anxiety. But there is one part of your divorce that does have some measure of predictability, and that is the divorce process itself.

Most divorces proceed in a step-by-step manner. Despite the uniqueness of your divorce, you can generally count on one phase of your divorce following the next. Sometimes just realizing you are completing stages and moving forward with your divorce can reassure you that it will not go on forever.

Develop a basic understanding of the divorce process. This will lower your anxiety when your attorney starts talking about "depositions" or "going to trial," and will prevent your heart from pounding in fear. It can reduce your frustration with the legal process because as your divorce progresses you understand each step and why it is needed. It will also help you prepare for each step in advance, which keeps your divorce moving toward final resolution in an efficient manner. Most importantly, understanding the divorce process will make your experience of the entire divorce easier. Who wouldn't prefer that?

1.1 What steps are taken during the divorce process?

The divorce process in Alabama typically involves the steps listed in the chart that follows.

The Divorce Process

Obtain a referral for a lawyer.

Schedule an appointment with an attorney.

Prepare questions and gather needed documents for initial consultation.

Meet for initial consultation with attorney.

Pay retainer to attorney and sign retainer agreement.

Provide requested information and documents to your attorney.

Take other actions as advised by attorney, such as opening or closing financial accounts.

Attorney prepares complaint for divorce and affidavits for temporary matters for your review and signature.

Attorney files complaint with clerk of the court. Attorney obtains ex parte restraining orders if appropriate. Attorney obtains hearing date for temporary matters.

Spouse is served papers by sheriff or special process server.

Spouse has thirty days to file an appearance and/or answer with the court. If spouse fails to do so, attorney files an application for default judgment which is entered by the clerk of the court. Attorney obtains a hearing date for default judgment. Client and attorney appear in court to give testimony in support of default judgment. Court enters default judgment.

OR

Spouse files an appearance and/or answer with the court within thirty days of being served.

Negotiations begin regarding terms of temporary order on matters such as custody, spousal support, and temporary possession of the family home. Attorneys prepare financial affidavits, budgets, and Child Support Guidelines for temporary hearing.

Temporary hearing held. Judge makes decision.

OR

Parties reach agreement on temporary order.

Temporary order is prepared by one attorney, approved as to form by other attorney, and submitted to the judge for signature.

If there are minor children, parties comply with any local rules or court orders to attend parent education class, develop a parenting plan, pay household bills, or pay child support.

Both sides conduct discovery, which includes interrogatories, request for admissions, request for production, depositions, and subpoenas to obtain information regarding all relevant facts. Obtain valuations of all assets, including expert opinions if needed.

Confer with attorney to review facts, identify issues, assess strengths and weaknesses of case, review strategy, and develop proposal for settlement.

Spouses, with support of attorneys, attempt to reach agreement through written proposals, mediation, settlement conferences, or other negotiation.

Parties reach agreement on all issues.

Attorney prepares final judgment of divorce incorporating the parties' agreement, and attorney prepares separate court orders for the division of retirement plans and submits to opposing counsel and spouse for approval.

OR

If the court has not previously entered a scheduling order, the attorney prepares a motion to be filed with court asking that a trial date be set.

Parties prepare for trial on unresolved issues.

A brief final hearing is held.

OR

Trial preparations proceed including preparation of witnesses, trial exhibits, child support forms, required forms by local rule, legal research on contested issues, pretrial motions, trial brief, preparation of direct and cross-examination of witnesses, preparation of opening statement, subpoena of witnesses, closing argument, and suggestions to the court.

Meet with attorney for final trial preparation.

Trial is held.

Judge makes a decision.

Judge's office prepares final judgment of divorce or requests that attorney prepare final judgment of divorce and submit to other attorney to approve as to form.

Decree submitted to judge for signature.

Judge signs final judgment of divorce.

Make payments, divide property, and sign documents (deeds or titles) pursuant to final judgment of divorce.

1.2 Must I have an attorney to get a divorce in Alabama?

You are not required to have an attorney to obtain a divorce in Alabama. However, if your case involves children, alimony, significant property, retirement, or debts, you should avoid proceeding on your own.

If your divorce does not involve any of these issues, contact your local/state volunteer lawyer program, Legal Clinic at University of Alabama School of Law, Cumberland School of Law, or Faulkner University Jones School of Law, to request documents and instructions that are helpful in the simplest of cases. A person who proceeds in a legal matter without a lawyer is referred to as being pro se (pronounced pro-say), meaning on one's own.

If you are considering proceeding without an attorney, at a minimum have an initial consultation with an attorney to discuss your rights and duties under the law. You may have certain rights or obligations you are unaware of. Meeting with a lawyer can help you decide whether to proceed on your own.

1.3 What is my first step?

Find a law firm that handles divorces as a regular part of its law practice. The best recommendations come from people who have knowledge of a lawyer's experience and reputation.

Even if you are not ready to file for divorce, call to schedule an appointment right...