Divorce & Family Law Summary
U.S. Divorce Laws are enacted by each state using their respective legislative process. Once legislation is enacted into law, Alabama divorce courts have the authority to manage the divorce proceedings, including spousal support and child support payments, custodial rights of parents, and the division of property.
Since state laws are repealed and amended frequently, it is always advisable to consult with an experienced divorce lawyer before making important decisions about your marriage.
All states allow for “no-fault” divorce. Yet many courts still factor in the respective parties’ past behavior when determining the division of community property, debts, custody, support, and related issues.
Read our expanded article on the divorce process for a deeper and more realistic understanding of the challenges you’re likely to face.
RESIDENCY REQUIREMENTS
To file for a divorce in Alabama, one party must be a bona fide resident (which must be alleged in the complaint and proven) of the state for six months before filing the complaint.
LEGAL GROUNDS FOR DIVORCE
A divorce may be granted based on the following causes: If, at the time of the marriage, either party was physically and incurably incapacitated from entering into the marriage state or:
- For adultery
- For voluntary abandonment from bed and board for one year before the filing of the complaint
- Imprisonment in this or any other state for two years, with the sentence being for seven years or longer
- The commission of a crime against nature, whether with humankind or beast, either before or after marriage
- Addiction to alcohol or drugs after the marriage
- Incompatibility
- Confinement in a mental hospital for five successive years if such party is hopelessly and incurably insane at the time of filing the complaint.
- 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
- In favor of the husband, when the wife was pregnant at the time of marriage, without his knowledge or agency
- In favor of either party to the marriage in cases of domestic violence or reasonable apprehension of such violence
- 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 the said period.
LEGAL SEPARATION
Alabama recognizes legal separation and 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. It has entered an order for child support in compliance with Rule 32 of the Alabama Rules of Judicial Administration. A decree of legal separation does not terminate the marital status of the parties.
SPOUSAL SUPPORT
The awarding of alimony is determined by the need of one spouse requesting alimony and the ability of the other spouse to pay. 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 or not make an allowance as the circumstances of the case may justify. However, any property acquired before the parties’ marriage or by inheritance or gift may not be considered in determining the amount of alimony.
SPOUSE’S NAME
Upon request, the wife may resume using her maiden name or any previous surname. Upon application of any interested party, the divorced wife may be forbidden from using the given name or initials of the divorced husband.
CHILD CUSTODY
Alabama strives to ensure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interest of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage.
The court shall, in every case, consider joint custody but may award any form of custody that is determined to be in the best interest of the child. Joint custody does not necessarily mean equal physical custody.
In determining whether joint custody is in the child’s best interest, the court shall consider the same factors considered in awarding sole legal and physical custody and all of the following elements: (1) The agreement or lack of arrangement of the parents on joint custody. (2) The past and present ability of the parents to cooperate 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 relates to the practical considerations of joint physical custody.
CHILD SUPPORT
Child support is determined using the Income Shares model, with the theory that children should continue to receive that same amount of support as if the parents were still together. In deciding on child support, the court shall apply Rule 32 of the Alabama Rules of Judicial Administration.
