I moved to AL 2 years ago with my children, it was supposed to be a family move but my husband never came. I am trying to file for divorce, we have tried uncontested for over a year now and have made no progress. If I file default, even though he has never lived here, does the court still have jurisdiction over me and the kids? He is abusive and dangerous, I do not want to have to go back to KY, where he lives, to file if at all possible.
As long as you have been a bona fide residence of Alabama for at least six months, you can file in Alabama.
The information provided by this attorney is not intended to be considered legal advice. Every case is different depending on the particular facts and circumstances. No attorney-client relationship exists by virtue of this answer. www.jasonjbonar.com
Yes, as long as you and the children have resided in Alabama for six months or more immediately preceding the filing of the divorce complaint, Alabama has jurisdiction over the divorce. However, you must still serve a copy of the complaint and a summons on your husband. Only if he then fails to file an answer within 30 days can you seek a default judgment. If he does answer within the allowed time, you then have a contested divorce action. I strongly recommend that you contact a domestic relations attorney in your area for assistance. This is not a matter that you should attempt to do on your own.
DISCLAIMER: Any information contained herein is intended for general informational purposes only. The information should not be construed as legal advice and does not create an attorney-client relationship. Any response given does not result in any further obligation to provide an additional response. Seek competent legal counsel for advice on any legal matter.
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