If you are thinking about filing for divorce, or you were just served with divorce papers, you probably have a lot of issues on your mind. Divorce is one of the most stressful events in a person’s life. There’s a pretty good chance that one thing that is far from your mind is the courthouse where the divorce was filed. You might be surprised to learn that the location of the divorce case is actually very important and could make all the difference in your case.
To show how important this issue is, let’s look at a case that recently went all the way to the Alabama Court of Civil Appeals. In Ex parte Carson, the couple in question allegedly had issues in their relationship for years. Eventually, the husband filed for divorce in Randolph County. However, the wife claimed that the divorce case should have been filed in Calhoun County. It is not uncommon for parties to not agree over jurisdiction.
Alabama law is crystal clear on this subject: divorce actions have to be filed either where the defendant resides or the county of residence of the couple when they separated. That is not to say there are exceptions to this rule. In this case, the wife had evidence that said that they both lived in Calhoun County for their entire marriage. For example, she showed their marriage license, which was filed in Calhoun County only a few months before the divorce. Her case might seem fairly strong.
However, the husband had evidence that they both lived in Randolph County, not Calhoun. He said that the connections to Calhoun County were only for businesses purposes, and they really lived in Randolph County on his land there. He also stated that the clothes and personal belongings of both parties were in Randolph County.
Both the trial court and the Court of Appeals agreed with the husband. This happened after the issue was heavily argued, with several documents filed and other court proceedings. Despite the conflicting evidence, the husband won out in the end.
Where the divorce case is tried can make very important difference in the outcome. Depending on your lawyer, one court could be significantly better than another. If you are considering thinking about divorce or just got divorce papers, it is important to find a lawyer experienced in trying cases across the state and knowledgeable in divorce law.
If you are looking for a divorce lawyer, please call INGRAM LAW LLC, at (205) 656-0044.