How long will the divorce take?

I'll give a good lawyer answer - it depends. In Alabama, we have a mandatory 30 day "cooling off period." So, if the case is uncontested from the outset, it will take at least that long from the time the Agreement is filed with the Court until the Divorce Decree is signed by the Judge.

On the other hand, if the case has to be litigated, the earliest one can expect to get to trial in the jurisdictions in which I primarily practice (Mobile and Baldwin counties) is 3-4 months. However, it is not unusual for a case to be reset from that initial trial setting for various reasons. I generally tell my clients they can reasonably expect it to be resolved in 6-12 months if a trial is necessary. Occassionally we can get it tried quicker than that and rarely does it take longer.

The length of time it takes to get to trial is just one of several reasons that I encourage my client to try to resolve their case by reaching a fair settlement, if that is possible (sometimes it is not -such as when the opposing party or lawyer is unwilling to work towards a fair settlement in good faith).

Written By:cheri giles On October 18, 2005 4:24 PM

Is it possible to have a divorce decree granted in the State of Alabama, after the 30 day "cooling off period"? If so, can the presiding judge grant a waiver that would allow the Petitioner to marry immediately after the divorce was granted, considering, that the Petitioner was in the United States Army, and due to leave for Iraq?

Written By:Michael Sherman On October 19, 2005 3:39 PM

The Judge does grant the divorce by signing the Decree after the 30 day cooling off period. However, without specifically researching it, I do not know of any exception that would allow the Judge to waive the requirement that the person wait the mandatory 60 days to remarry. You may have a lawyer check to see if that applies if you get remarried in another state, though. I haven't researched that issues recently either, but it may be something to look at. Also, you may want to check with a JAG officer. They have probably dealt with that issue many times and may know of a solution off hand.

Written By:Todd Atkinson On January 28, 2006 9:31 AM

I would appreciate someone defining "full disclose" and leading me to a legal definition as recognized in the state of Alabama. My mother is in an unconscionable prenup if ever there was one, but I have heard that Judges in Alabama rarely inforce that rule. Assets in the form of property have been left off of the agreement and no income is listed. I wonder how much room someone is given with respect disclosure.