Only the filing spouse needs to live in Alabama. Couples who don’t manage to resolve property issues will end up going to court to ask for a decision from an arbitrator or a judge. LOG IN. Amber Ladner and Meredith Maitrejean of Bradford Ladner LLP are Birmingham Alabama divorce lawyers who handle divorce, alimony, child custody, child support, modification and contempt cases throughout Alabama. This must be alleged in the Complaint and proven. Avvo Rating: 10 . or probate matters (real estate, wills, property disputes, etc.). Microsoft Edge. A divorce in Alabama may be granted for any of the following reasons: 1 Ala. Code 1975 § 30-2-12 Ala. Code 1975 § 30-2-1(a)(1); see Anonymous, 89 Ala. 291, 7 So. Website. Some couples are able to agree on their own about how to divide property, while others use the help of attorneys or a mediator to negotiate a settlement. CONTACT US. Legal separation is also permitted, but a couple will still remain married after this action takes place. Can I get alimony once the divorce is finalized? The child support laws in Alabama are flexible and allow the modifications owing to change in the circumstances. The Alabama Central Disbursement Division (ACDD) is a newly created division that was established as a result of federal and state law, known as the Welfare Reform Act of 1996. (Information for divorces prior to 1950 must be obtained from the circuit court in the county where the divorce was granted.) What are the grounds for divorce in Alabama? File for Divorce in Alabama Without a Lawyer Get Your Divorce Forms 100% Guarantee of Court Approval Alabama Online Divorce Despite the COVID-19 outbreak, we are still open, and will remain so. if sentence is 7 yrs. your spouse has abandoned you for a period of at least one year immediately before filing for divorce; your spouse is imprisoned for two years, when the sentence is seven years or longer; your spouse has committed a “crime against nature, whether with mankind or beast,” either before or after getting married; your spouse becomes addicted to alcohol, opium, morphine, cocaine, or a similar drug after getting married; the judge determines, from the testimony, that you and your spouse are completely incompatible and can no longer live together; your spouse has been confined to a mental hospital for five years in a row and, according to the director of the mental hospital, s/he is incurably insane; there has been a complete breakdown of the marriage and reconciliation is impractical or pointless and not in the best interest of the spouses or the children; the husband files for divorce because he did not know that the wife was pregnant at the time of the marriage and he is not the father of the child; your spouse has committed an act of violence that threatens your life or health or when his/her conduct creates a reasonable fear of such violence; when the wife has lived separate and apart from the husband without any financial support for a period of two years before filing for divorce and the wife has resided in Alabama during that time; at the time of the marriage, your spouse was impotent (which is written in the law as “physically and incurably incapacitated from entering into the marriage state”). Once divorce is eminent, there are some requirements in the state of Alabama that need to be met before filing. So for example, let’s say the non-custodial parent earns $1,200 a month, while the custodial parent earns $1,800. the financial situation of you and your spouse; the standard of living that was established during the marriage; the probable future prospects (possibilities for success, advancement, etc. Alabama law strips killers of any inheritance rights if they were due to inherit from their victim. Website. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Below you will find state-specific information about divorce in Alabama. Adultery; cruelty or violence; drug/alcohol addiction after marriage; insanity (in mental hosp. The laws that determine how property and debts are divided during divorce are different in each state. Just as states have regulations on the marriage process, they also have legal requirements for divorce that define the procedures a person must go through in order to get divorced. This means that they will be divided fairly and equitably, although not necessarily on a 50/50 basis. On April 13, 2017, the Governor of Alabama signed HB 257 into law, which provides new rules regarding alimony. We recommend using Condonation, (not if parties connived to commit adultery). Even in the best of circumstances, a divorce can be emotionally and legally challenging. Alabama law requires a division of marital property to be equitable, meaning that it must be fair. First, you must meet the residency requirements of the state in which you wish to file. Are you a legal professional? At least one party must be resident and must have resided 6 months prior to filing. This is called “contesting the divorce.” In this case, you will have to attend a series of court appearances to sort the issues out. While divorce laws vary by state, here are the basic steps: First, you must meet the residency requirements of the state in which you wish to file. One spouse only needs to say the marriage is broken and can’t be fixed. Save. Second, you must have “grounds” (a legally acceptable reason) to end your marriage. You Need Six Months as an Alabama Resident To file for divorce in Alabama, you need to be a resident of the state. This is called an “uncontested divorce.” If a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway. Resources for Estate Planning. 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