Paige Elliott , P.C.

A divorce case begins by filing a Complaint in Circuit Court. Alabama law requires that the Plaintiff must serve the Defendant with the Complaint so he or she has adequate official notice. Service can be obtained a number of ways: certified mail, acceptance at the court clerk's office or attorney's office, or delivery by a deputy sheriff. The most common method of service in our office is for a private process server to present the Complaint to the Defendant at work or at home. After the Complaint has been filed and served, the Defendant has thirty days in which to respond to the Complaint by filing an "Answer" with the court. The Answer may include a Cross-Complaint for divorce. Once your spouse files an Answer, the court may set the case for trial, usually within several months. Since each individual case varies, this period can be longer -- especially in the event of a complex estate, or disagreement over custody or support. Frequently, cases are postponed from this original hearing date to a subsequent date (usually months later) owing to conflicts in the schedule of the court or one of the parties. Prior to the hearing date, our firm will try to negotiate a settlement on your behalf, conduct discovery by filing certain questions and asking for certain documents from the other party, and handle any preliminary matters on your behalf. After the hearing, or a negotiated settlement, the final decree will be signed by the judge, normally within several weeks. As of the date of the judge's signature on your decree, you will then be divorced.