DIVORCE LAW FORUM

     

       

           

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ALABAMA DIVORCE LAW

Here you will find Alabama specific divorce information, grounds, divorce law statutes, articles on Divorce law, state laws, child custody, child support, spousal support, visitation, legal separation, dissolution and links to free divorce forms, divorce records, divorce papers, divorce lawyers, divorce attorneys and support calculators.

 

RESIDENCY REQUIREMENTS:

To file for a divorce in Alabama, residency requirements must be met for the court to hear the case. If the court determines it does not have jurisdiction to hear the case it will not be accepted or it will eventually be dismissed.

When the defendant is a nonresident, the other party to the marriage must have been a bona fide resident of this state for six months next before the filing of the complaint.

Complaints for divorce may be filed in the circuit court of the county in which the defendant resides, or in the circuit court of the county in which the parties resided when the separation occurred, or if the defendant is a nonresident, then in the circuit court of the county in which the other party to the marriage resides. [See Alabama State Divorce Code - Chapter 2, Section 30-2-5]

LEGAL GROUNDS FOR DIVORCE:

Alabama Courts have power to grant a divorce based on the following causes:

         I.            If, at the time of the marriage, either party was physically and incurably incapacitated from entering into the marriage state.

       II.            For adultery.

      III.            For voluntary abandonment from bed and board for one year prior to the filing of the complaint.

    IV.            Imprisonment in the penitentiary of this or any other state for two years, with the sentence being for seven years or longer.

      V.            The commission of the crime against nature, whether with mankind or beast, either before or after marriage.

    VI.            For becoming addicted after marriage to habitual drunkenness or to habitual use of opium, morphine, cocaine or other like drug.

   VII.            Incompatibility.

 VIII.            Confinement in a mental hospital for a period of five successive years, if such party is hopelessly and incurably insane at the time of the filing of the complaint;

     IX.            An irretrievable breakdown of the marriage where further attempts at reconciliation are impractical or futile and not in the best interests of the parties or family.

       X.            In favor of the husband, when the wife was pregnant at the time of marriage, without his knowledge or agency.

     XI.            In favor of either party to the marriage in cases of domestic violence or reasonable apprehension of such violence.

    XII.            In favor of the wife when the wife has lived separate and apart from the bed and board of the husband for two years and without support from him for two years next preceding the filing of the complaint, and she has bona fide resided in this state during said period. 

[See Alabama State Divorce Code - Chapter 2, Section 30-2-1]

FILING SPOUSE:

Plaintiff. The Plaintiff is the spouse who initially files for divorce in the family law or domestic relations court. 

NON-FILING SPOUSE:

Defendant. The Defendant is non-filing spouse who receives the paperwork by service.
 
TYPICAL DOCUMENTS:

Complaint for Divorce, Judgment of Divorce, Marital Settlement Agreement, Schedule for Visitation/Parenting Time of Minor Children, Affidavit of Residency, Commission to Take Testimony, Affidavit Regarding the Children, and Answer, Waiver and Agreement for Taking Testimony.

ALIMONY/SPOUSAL SUPPORT:

Not all cases will involve support paid from one spouse to the other.  An award of alimony is determined based on the need of one spouse requesting alimony and the ability of the other spouse to pay and is ultimately up to the discretion of the judge.  The judge will consider; the value of each spouse's estates as well as their families and up to 50% of any retirement benefits as long as the marriage was ten year or longer. If fault is a factor in the divorce, the judge has the right to make an allowance to either spouse out of the estate of either spouse based on the misconduct, or not make an allowance as the circumstances of the case may dictate. But, any property acquired prior to the marriage of the parties or through inheritance or gift may not be considered in determining the amount of alimony. [See Alabama State Divorce Code - Chapter 2, Section 30-2-52, 30-2-53]

 

PROPERTY DIVISION:

Alabama is an equitable distribution state.  If a settlement is not reached, the property will be divided in an equitable fashion, not necessarily equally. All property of the wife, owned prior to the marriage or to which she may become entitled after the marriage in any manner (such as inheritance, gift, devise or bequest or by contract or conveyance or by gift from husband), is the separate property of the wife and is not subject to the liabilities of the husband. [See Alabama State Divorce Code - Chapter 4, Section 30-4-1, and 30-4-5]

SPOUSE'S NAME:

Upon motion to the court, the wife may resume the use of any surname used prior to the marriage. Additionally, upon moving the Court any interested party may enjoin the wife from the use of the given name or initials of the divorced husband. [See Alabama State Divorce Code - Chapter 2, Section 30-2-11]

LEGAL SEPARATION:

A legal separation is a court determination of the rights and responsibilities of a husband and wife arising out of the marital relationship. A decree of legal separation does not terminate the marital status of the parties. The court shall enter a decree of legal separation if all of the following requirements are satisfied: (1) The court determines that the jurisdictional requirements for the dissolution of a marriage have been met. (2) The court determines the marriage is irretrievably broken or there exists a complete incompatibility of temperament or one or both of the parties desires to live separate and apart. (3) To the extent that it has jurisdiction to do so, the court has considered, approved, or provided for child custody, and has entered an order for child support in compliance with Rule 32 of the Alabama Rules of Judicial Administration. [See Alabama State Divorce Code - Chapter 2, Section 30-2-40]

CHILD CUSTODY:

State courts will attempt to assure that minor children have regular and ongoing contact with parents who demonstrate the ability to act in the best interests of the child.  Joint custody does not always mean an equal amount of physical custody. In every case the court shall attempt to award joint custody if possible but may award any form of custody that the court determines is in the best interest of the child.  To determine the best interest of the child, the court use all of the following factors:

            (1) The agreement or lack of agreement of the parents on joint custody.

            (2) The past and present ability of the parents to cooperate with each other and make decisions jointly.

            (3) The ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent.

            (4) Any history of or potential for child abuse, spouse abuse, or kidnapping.

            (5) The geographic proximity of the parents to each other as this relates to the practical considerations of joint physical custody.

            [See Alabama State Divorce Code - Chapter 3, Section 30-3-150, 30-3-152]

CHILD SUPPORT:

Alabama courts employ the Income Shares model, based on the idea that children should receive the same amount of support as they would if the parents were never separated. When determining Child Support, the court shall apply Rule 32 of the Alabama Rules of Judicial Administration. [See Alabama State Divorce Code - Chapter 3, Section 30-3-155]

 

 

Disclaimer

This site is not meant to provide legal representation or to be relied on in place of an attorney. We recommend that anyone serious about going forward with a Divorce or Child Custody claim seek the advice and counsel of a qualified attorney in their respective state.

free, Alabama, divorce, law, information, complete, child, custody, legal, separation, dissolution, legal, help, services, advice, online, documents, resources, firm, articles, calculators, attorney, lawyer