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Henry Dahut, J.D.
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Henry Dahut is a licensed California trial attorney. Over the course of his 25-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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Alabama Divorce & Family Law Summary
The decision to get a divorce is an emotional one and is often filled with anxiety and guilt, especially if it involves child custody issues.
Even under the best circumstances, or when it’s clear to both spouses that divorce is the best course of action, keep in mind that divorce is a complex and stressful process with strict legal requirements that must be followed.
Consequently, it is advisable to consult with an experienced Alabama divorce lawyer before making important decisions about your marriage.
Alabama Divorce Statistics:
- In 2021, there were 3.6 divorces for every 1,000 inhabitants in Alabama. This figure was a decrease from 1990 when the divorce rate stood at 6.1 divorces per 1,000 inhabitants in the state. (Statista: July 5, 2024).
- Alabama Circuit courts have jurisdiction over family law and domestic relations cases. In total, there are 41 courts with 146 judges in the state of Alabama. (Alabama Judicial Website -2024)
RESIDENCY REQUIREMENTS
To file for a divorce in Alabama, one party must have been a bona fide state resident (which must be alleged in the complaint and proven) for six months before filing the complaint.
GROUNDS FOR NO-FAULT DIVORCE
All states now allow for some form of “no-fault” divorce. Yet many courts still factor in the respective parties’ past behavior when determining the division of community property, custody, spousal support, and related issues.
No-fault divorce in Alabama
Alabama allows couples to dissolve their marriage without assigning blame, focusing instead on the irretrievable breakdown of the relationship. This approach simplifies the process and reduces unnecessary stress and conflict, making it easier for both parties to move forward in their lives.
In Alabama, a no-fault divorce can be granted on the following grounds:
- Incompatibility: The spouses have irreconcilable differences and can no longer live together harmoniously.
- Irretrievable Breakdown: The marriage is irretrievably broken, and there is no reasonable prospect of reconciliation.
GROUNDS FOR FAULT-BASED 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 marriage
- Confinement in a mental hospital for five successive years if such party is hopelessly and incurably insane at the time of filing the complaint.
- 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.
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 CHANGE
Upon request, the wife may resume using her maiden name or any previous surname. Upon a name change 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 their children’s best interest and encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage.
In every case, the court shall consider joint custody but may award any form of child custody that is determined to be in the child’s best interest. 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
Duty to Support
Both parents are legally obligated to support their children financially, regardless of whether they are married, divorced, or never married. A parent can petition the court to modify child support if extenuating circumstances can be proved.
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.
Health Insurance
The court may require one or both parents to provide health insurance for the child. Uninsured medical expenses are usually divided between the parents based on their respective incomes.
Video On Cheating and Divorce in Alabama:
CONSULT WITH A LOCAL DIVORCE LAWYER
Please remember the above summary is a general overview of Alabama divorce law. Laws are often amended and specific cases can vary depending on their facts and the legal issues presented. Therefore, for the most up-to-date legal advice, consult with an Alabama family law attorney as soon as possible.
SOURCES:
ALABAMA JUDICIAL SYSTEM WEBSITE
