Legal Steps to Take After a Divorce Filing in St. Clair County

I’m Filing for Divorce in St. Clair County, What Are Some of the First Things I Should Do?

It’s a significant life transition when you get ready to divorce in Alabama or anywhere. Even if your divorce is amiable (which many aren’t), the process still brings significant emotional, financial, and legal challenges.

Once you have received divorce papers (or filed them on your spouse) in St. Clair County, you and your spouse must take numerous critical legal steps.

These steps are crucial, as they will help you protect your rights and move forward with clarity, stability, and confidence.

Whether you’re the petitioner (the spouse who filed) or the respondent (the spouse who was served), you must fully understand what happens next to help you navigate this process confidently and successfully. Numerous items must be done under specific guidelines and time frames. Therefore, the help of an experienced, compassionate, and diligent divorce lawyer is mandatory.

The following are just a few legal steps you should take after your divorce filing:

>>> Thoroughly understand and legally respond to the filing – When you file for divorce in Alabama, your spouse must be officially served with the divorce papers. These documents usually include the complaint for divorce and a summons.

>>> You must respond to the complaint filed – As the respondent, you have thirty days from receiving the divorce papers to file an official response with the St. Clair County court. This step is critical because if you fail to respond in a timely manner, it results in a default judgment. If that occurs, the court can grant the divorce and approve all the terms requested by the filing spouse.

>>> Included in your “answer,” you can:

• Agree or disagree with any or all of the allegations.
• Propose alternative terms for child custody, property division, spousal support, etc.
• File a counterclaim if you have added requests, complaints, or additions.

>>> You also must deal with any temporary court orders – After the official filing, you or your spouse can request temporary orders to address urgent matters that can’t wait for the final divorce decree.

Some examples of these items are:

• Which of you will remain in your current family home?
• Temporary custody, visitation, etc., agreements.
• Temporary child or alimony support payments.
• How will you pay shared bills, debts, and more?

What Is the Discovery Process Phase of My Divorce?

After you’ve filed or responded correctly, you enter the discovery phase of your divorce process. Discovery is the uncovering and formal exchange of information between you and your spouse. This step is crucial for achieving a fair and equitable divorce outcome.

In Alabama, state law requires that both parties disclose their financial details, such as:

• Your current income and employment.
• Any bank accounts you might hold.
• All real estate holdings, retirement accounts, etc.
• Debts and liabilities that you, or you both, are responsible for.

This information is vital to the court and helps navigate issues such as property division, child support, and alimony.

If your divorce is contested, some information may be difficult to obtain, and your well-versed, thorough, and diligent divorce lawyer may use additional tools to gather this information, such as:

• Interrogatories – These are formal (usually written) questions that must be answered under oath.
• Formal requests for production – Gathering specific documents such as tax returns, pay stubs, mortgage statements, etc.
• Formal depositions – In-person questioning under oath, which are usually recorded for court use.

In St. Clair County, Alabama, the courts always attempt to prioritize fair and amicable settlements, so complete and honest disclosure is vital to this process. If one of you tries to hide assets, the court will impose severe penalties, alter property division, and more.

If We Must Go Through a Trial, How Does It Work in Alabama?

Let’s say you and your spouse cannot agree on certain dire issues, such as child support, custody, etc. If negotiation (or mediation) of these crucial issues fails, your divorce will proceed to trial. St. Clair County divorce trials are held before a judge in family court (no juries are present).

Of course, each divorce and its circumstances differ, but usually, both parties must:

• Submit final disclosures, witness lists, etc.
• Provide formal copies of any documents submitted as evidence.
• Comply with all pre-trial deadlines or motions mandated by the court.

A trial is a confusing, daunting legal process, and therefore, having professional, supportive legal guidance is a must if you want to protect yourself and possibly your child.

During your trial, the St. Clair County judge will consider all the evidence and testimony related to your case.

Being that you and your spouse cannot reach an agreement on these necessary issues, the court will decide for you on items such as:

• Property and asset allocation by using the equitable distribution model.
• Child custody and visitation are always based on the child’s best interests.
• Child support, alimony, and more.

After analyzing all the evidence presented, the judge will issue your “Final Judgment of Divorce.” This document legally ends your marriage and stipulates both parties’ rights and obligations as mandated by the court.

What Are Some Post-Divorce Steps My Lawyer and I Should Consider?

As your thorough and detail-oriented divorce lawyer will explain, even when your divorce is finalized, there are other important and additional legal tasks you may need to handle, such as:  

• Update a Will if you have one, as well as other estate plans.
• Changing beneficiaries on any insurance policies, retirement accounts, etc.
• Update your information and name with the Social Security Administration, DMV, etc.
• Complying with mandated court orders regarding child or spousal support and more.

As you now begin to see, you want to ensure your divorce covers all the numerous pertinent and critical matters before it’s finalized. Once the judge signs off on your documents, it must be followed to the letter. Dealing with all these details requires an experienced and knowledgeable legal professional, as failing to follow post-divorce orders can lead to legal consequences, wage garnishments, contempt of court charges, loss of visitation rights, and other dire penalties.

I Am Filing for Divorce in St. Clair County; How Should I Proceed?

Although it’s always stressful, divorcing in Alabama and St. Clair County doesn’t have to be an overwhelming and all-consuming legal battle. Although the process is arduous, it can be very manageable with the help of a qualified, compassionate, and diligent professional.

Your lawyer fully understands each step you must take and all the timetables involved, from answering the complaint to negotiating terms and finalizing the entire process.

Additionally, working with a well-versed divorce lawyer who will protect your rights and help you make smart, forward-thinking decisions is wise and prudent.

At Jim Golden Law, the firm has years of experience managing complex divorce cases and consistently strives to ensure you know and understand all your legal options. Call them today at (866) 950-6652 for a free thirty-minute consultation on your unique case. Remember, your decisions at this critical time will shape your financial and emotional well-being for years.