Residency Requirements:
There is a 6-month residency requirement for the state of Alabama to initiate
a divorce. A spouse filing for divorce must be a resident of the state
Alabama is a non-resident of Alabama.
Legal Separation:
If the filing spouse wants the divorce limited to a divorce “from bed and
board,” it may be granted for cruelty or for any of the grounds for which
a standard divorce is granted.
General Divorce Procedure:
You can get a default judgment but only if you present evidence to support
your motion. However, acceptance and waiver of service is allowed if signed
by both the defendant and a witness. There is a 30-day waiting period after
the filing of the summons and complaint before a judge may issue a final
judgment of divorce. Testimony in uncontested divorces may be taken before
a court clerk, by sworn statements, or by transcripts of oral depositions.
If child support is requested, you will need to file a standardized child
support guideline form and child support income statement/affidavit.
Where to file:
File in the Circuit Court in the county where the defendant lives,
in the county where the parties lived when separated; or in the county
where the plaintiff lives if a non-resident of Alabama.
Property Distribution:
Alabama is an “equitable distribution” state. This means that the judge
has full discretion when dividing jointly owned real estate or personal
property. The judge does not have authority to award the wife’s separate
property to the husband, regardless of whether it was obtained before or
after the marriage. Separate property includes gifts and inheritances and
they cannot be divided unless the real estate or personal property has been
used to benefit both spouses. The property division need not be exactly equal,
but must be equitable. Therefore, marital fault may be a factor in the
division of property.
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Grounds for Alabama Divorce:
No-fault:
1) Irretrievable breakdown of the marriage;
2) Voluntary separation for over 1 year;
3) Complete incompatibility of temperament so that
the parties cannot live together.
Fault-based:
1) Adultery;
2) Separation for over 2 years without husband
supporting wife (divorce must be filed by wife);
3) Imprisonment for over 2 years if the total
sentence is 7 years;
4) Alcoholism;
5) Substance abuse;
6) Wife pregnant by another at the time of the
marriage without the husband’s knowledge;
7) Physical abuse or reasonable fear of physical abuse;
8) Physically and incurably incapacitated;
9) Unnatural sexual behavior before or after the marriage.
Child Support:
A standardized child support guidelines form and child support income
statement/affidavit must be filed if child support is requested. The
court may order either parent to provide support. There are official
child support guidelines contained in the Alabama Rules of Judicial
Administration, Rule 32. These guidelines are used unless the amount
would not be just or appropriate in a specific case. A standardized Child
Support Guidelines form and Child Support Income Statement/Affidavit must
be filed in every case in which child support is requested. In addition,
for a different amount, the parents may submit a written agreement between
themselves with an explanation for the deviation. Failure to pay child
support may result in suspension of an Alabama driver’s license.
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