Results 1 to 4 of 4

Hybrid View

  1. #1
    Join Date
    Aug 2012
    Posts
    4

    Default Can You Contest a No Fault Divorce

    My question involves a marriage in the state of: Alabama

    Hi all. I was married in the state of Pennsylvania, but am currently living in Alabama. I separated (moved out) last May. At the time, my husband said he would sign off on the divorce without a fight, but at the last minute he changed his mind for "religious reasons". We have no joint property or debt (everything is in either his or my name, nothing signed for together) and no assets to speak of. I wouldn't be asking for anything, just kind of a "what's yours is yours, what's mine is mine" type deal. There are no children involved, so custody is not an issue.

    My question is, when I do file, can he contest on the grounds of basically "I don't want a divorce"? And if he does, how does that change the timeline? Neither one of use really has the money to get involved in a big court battle, especially from halfway across the country (which is another question, if I file in AL, would he have to come here to fight it out in court?)

    Thanks in advance!

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Can You Contest a No Fault Divorce

    Quote Quoting abberbabber
    View Post
    My question involves a marriage in the state of: Alabama

    Hi all. I was married in the state of Pennsylvania, but am currently living in Alabama. I separated (moved out) last May. At the time, my husband said he would sign off on the divorce without a fight, but at the last minute he changed his mind for "religious reasons". We have no joint property or debt (everything is in either his or my name, nothing signed for together) and no assets to speak of. I wouldn't be asking for anything, just kind of a "what's yours is yours, what's mine is mine" type deal. There are no children involved, so custody is not an issue.

    My question is, when I do file, can he contest on the grounds of basically "I don't want a divorce"? And if he does, how does that change the timeline? Neither one of use really has the money to get involved in a big court battle, especially from halfway across the country (which is another question, if I file in AL, would he have to come here to fight it out in court?)

    Thanks in advance!
    Have you lived in Alabama long enough to establish legal residence? Has it been at least six months. If so yes, you can file in Alabama and yes, if he wanted to contest it he would have to do so in the Alabama courts.

  3. #3
    Join Date
    Aug 2012
    Posts
    4

    Default Re: Can You Contest a No Fault Divorce

    Quote Quoting llworking
    View Post
    Have you lived in Alabama long enough to establish legal residence? Has it been at least six months. If so yes, you can file in Alabama and yes, if he wanted to contest it he would have to do so in the Alabama courts.
    The first of July will be 6 months, so I was planning on filing then. Thanks for the help

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can You Contest a No Fault Divorce

    Read the following summary of Alabama no-fault divorce.

    http://www.divorceroom.com/no-fault-...t-divorce.html

    I haven't verified that with statutes but it seems like a reasonable account and rather encouraging for you.

    All I can suggest is that you go ahead and file and see what happens.

    You can probably get DIY forms and instructions at your local court's website or online.

    If he contests, he will have to do it in Alabama.

    The sooner you get started, the sooner you get finished.

    1. Sponsored Links
       

Similar Threads

  1. Auto Insurance: How Do You Contest an Insurance Company's Finding of 100% Fault
    By ambradley in forum Insurance Law
    Replies: 7
    Last Post: 04-26-2012, 07:38 AM
  2. Divorce: Moving Out of State Immediately After Filing No-Contest Divorce
    By ronyusa in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 04-23-2009, 06:44 AM
  3. Divorce: No Contest Divorce In Missouri, Notice Of Case Management Conference
    By nathanstl in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 05-25-2008, 08:06 AM
  4. Divorce: Fault vs No-Fault Divorce - What Is The Effect?
    By october20052005 in forum Divorce, Annulment and Separation
    Replies: 3
    Last Post: 02-24-2007, 02:54 PM
  5. Divorce: What's The Difference Between Fault and No Fault Divorce
    By veger in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 10-16-2005, 10:57 PM
 
 
Sponsored Links

Legal Help, Information and Resources