Alabama Divorce Laws

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Alabama Divorce Laws

Alabama Divorce Laws Overview
Divorce can be a difficult time for many people, yet millions of couples go through this painful process each year in the United States. It can be especially stressful for children caught in the middle of a divorce.

When dealing with Alabama divorce laws, there are several grounds for divorce which include adultery, voluntary abandonment, habitual drunkenness or drug use, or violence towards the spouse. To receive a divorce within the state of Alabama, spouses must satisfy residency and jurisdiction requirements. This means that at least one of the parties must have lived within the state for six months or both parties must currently reside in the state. Individuals are also required to file for divorce in the county that they live in. The state also requires a thirty day waiting period after a divorce complaint is filed before it can go into effect.

Alabama Divorce Laws and Property
Alabama does not assume that all property shared by spouses are to be automatically divided fifty percent each between spouses. The state is an “equitable distribution state” which means that the division of assets and liabilities should be fair, but this doesn’t necessarily mean equal. Division of property will involve giving back to each party what they brought into the marriage and then dividing up the property and debt that was acquired during the marriage. The division of property may be more complicated with longer term marriages. There is no one set formula and the court will determine distribution of property on a case by case basis.

Alimony
Alimony or spousal support is the financial support that a court grants to one spouse who is in need financial assistance. It is paid by the spouse who has the means to pay. Alimony was created to maintain and preserve the financial status of both spouses as it previously existed while the two parties were married. It may be awarded as periodic payments at a set time period or as a lump sum. Under certain situations, the requirement for periodic payments may be ended earlier such as in the case of a death of either spouse, if the spouse remarries, or in the case of cohabitation. Individuals can agree to alimony with a pre-nuptial agreement prepared by both parties either through mediation or on their own and it can be included at the divorce proceedings.

Alabama Divorce Laws and Child Support
The state of Alabama has child support guidelines that are determined by the Income Shares Model. The amount is determined by calculating support based on each parent's income. These amounts are then offset to then determine which parent will pay the other child support. Income is verified through the parent's W-2 and a child support worksheet can be obtained at the courthouse. When parents cannot agree, the court applies the state child support guidelines. The court may turn away from the guidelines if the parents agree to do so or if they believe that it is required in order to create an order that is in the best interest of the children. Both parents are required to fill out an income and expense affidavit in addition to presenting their W-2 to verify their income.

Child Custody
Alabama courts try to ease the emotional distress that children might experience during a divorce. When parents are not able to agree on issues regarding their children, the court may issue a custody order. Once the court grants a divorce, the court may grant the custody and education of the children from the marriage to the mother or father. The court will take into consideration the age and gender of the children, prudence and moral character of the parents and their safety and well-being. In cases where abandonment of the husband has occurred by the wife, the father will have custody after the children are seven years of age, if the father is found to be a suitable parent.

Alabama Divorce Laws and Common Law Divorce
For common law marriages which is an informal marriage recognized by the state of Alabama, a common law divorce can be granted. This type of marriage means that even though a couple is not legally married, they are still recognized as husband and wife. For a common law marriage to be valid, it must be proven either by the two parties living together for many years, sharing joint back accounts, insurance policies and other joint accounts. Family court treats common law divorces the same way it does for any married couple. These couples can choose an uncontested divorce, contested divorce or mediation. Alabama is one of the few states that recognizes common law marriages.

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