Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce, it is important that you know some of the state divorce laws and regulations is the state you may thinking about filing your divorce petition in. After reading the divorce laws of the state you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be.
If you are thinking about filing a Alabama divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.
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Alabama Grounds for Divorce
A couple can proceed with an Alabama divorce by several processes.
Uncontested Divorce in Alabama
An uncontested divorce can be obtained when the parties have discussed and agreed on a settlement in all the elements of their marriage. Any disputes eliminate the possibility of obtaining an uncontested divorce.
Contested Divorce in Alabama
When the parties in a divorce have any areas of dispute, they must proceed with a contested divorce, which, if it remains unsettled through the process, will be decided by a judge in court. However, as the couples proceed, they may find that they can resolve these issues, come to an agreement, and settle the divorce out of court.
Annulment in Alabama
An annulment is a court’s declaration that a marriage legally never actually took place. In order to obtain such an order in Alabama, the grounds include:
- Consanguinity, or the parties are found to be blood relatives
- Bigamy
- One partner is younger than 14 years of age
- One or both partners were under the influence of drugs or alcohol
- Inability to physically consummate the marriage
- Either partner participated in the marriage through fraud or duress
No Fault Divorce in Alabama
A no-fault divorce can be filed in Alabama for one of three reasons:
- Incompatibility
- Irreconcilable differences
- Abandonment by one year or more
Alabama Fault Divorce
There are a number of reasons why one party may want/need to file a Fault divorce in Alabama:
- Inability to consummate the marriage
- Adultery
- Prison incarceration for at least two years out of a seven-year or more sentence
- Habitual drunkenness or drug abuse
- Commitment to a mental institution for five or more years in succession and being diagnosed as incurably insane
- A wife’s pregnancy, which was unknown by and un-attributable to the husband at the time of the marriage
- Domestic violence or abuse
- Separate and independent habitation by the wife for two years before and two years after the divorce complaint
Alabama Divorce and Child Custody
Child Custody Laws
Joint Custody, based on the ability of the parents to:
- Agree about this option
- Make decisions jointly
- Encourage the relationship between the child and the other parent
- Show there is no evidence of child abuse, spouse abuse, or kidnapping
- Be in geographic proximity
Child Alimony
Child support in Alabama is based on the Income Shares model, with the goal of providing the same support the child enjoyed before the divorce.
Alabama Divorce Spousal Support
Spousal support in Alabama is determined by the need of the parent requesting alimony and the ability of the other parent to pay. It is solely determined by the court. Misconduct by either party may influence the judge’s decision. However, all property of either party that was obtained prior to the marriage cannot be a part of the division of property or the amount of spousal support.
Lump Sum Alimony
Determined at the discretion of the court.
Permanent Alimony
Determined at the discretion of the court
Temporary Spousal Support
Determined at the discretion of the court
Rehabilitative Alimony
Determined at the discretion of the court
Military Divorce in Alabama
Spouses in the military must be personally served with a summons and copy of the divorce processes taking place. However, they are excused from being held in default for failing to respond to those orders. In fact, at the discretion of the court, divorce actions can be postponed for the service person’s entire period of active duty and for as much as 60 days afterwards. Those protections can be waived, however, by any serviceman or woman who wishes to proceed with the divorce. The grounds for military divorces are the same as those for civilian divorces.
The Uniformed Services Former Spouses’ Protection Act provides that any spouse who was married to a military service man or women for 10 years or more be provided with direct payments of retirement benefits as determined by military standards. Child and spousal support may not be 60% or more of the service person’s pay or allowances.
Copyright Notice: The above abbreviated synopsis of Alabama state divorce laws is original material which is wholly owned and copyrighted by “Good Divorce Lawyers” a division of MNW Diversified, Inc. This material has been adapted from applicable state laws and unauthorized reproduction is prohibited.