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Laws & Courts:
Alabama Law - title 30 of the state statutes: Marital and Domestic Relations. Title 30, Chapter 2 covers divorce and alimony. Title 30, Chapter 3 covers child custody and support. Pamphlet "Legal Aspects of Divorce" - online brochure offers an overview of Alabama's divorce code. Covered topics include child custody and visitation, child support, alimony and division of property, grounds for divorce and more. Published by the Alabama Bar Association. Alabama Legal Materials - contains a searchable Supreme and Appellate court decision database, state agency listings, and a variety of links relating to the Alabama courts (from Legal Information Institute, Cornell). "Alalinc" (Alabama's Legal Information Network) - entryway to the Alabama State Law Library, the Alabama Judiciary Homepage, and other resources.
Alabama Child Support
Child Support Profile - profile the state's child support laws. Easy to use table layout includes information on UIFSA, reciprocity, age of majority (emancipation), statute of limitations, income withholding, paternity, support order establishment, support enforcement, modification and review/adjustment. From the the Federal Office of Child Support Enforcement's "Interstate Roster and Referral Guide."" Alabama Interactive Child Support Calculator - detailed online worksheet estimates child support amounts based on Alabama law and federal guidelines. Critique of the Alabama CS System - from Roger F. Gay, Project for the Improvement of Child Support Litigation Technology
Additional Resources:
Children's Rights Council - national nonprofit organization based in Washington, D.C. that works to assure children meaningful and continuing contact with both their parents and extended family regardless of the parents' marital status.| Alabama Father's Rights Organization (AFRA) - is comprised of fathers, mothers, grandparents, and children who have experienced the tragedy of divorce and its aftermath. The organization promotes equal legal rights and responsibilities for fathers and mothers who divorce, and joint parenting whenever possible.
Legal overview
In order to file for divorce in the state of Alabama, you must have been a resident of the state for at least 6 months. The papers for dissolution of marriage must also be filed in a county where either of the spouses resides, or the county where the spouses last lived together. There are many different grounds for divorce in Alabama all of which are created by statutes. The most commonly used ground is incompatibility. Read our detailed legal summary of Alabama including residency, grounds, child custody, child support, property, legal separation, and alimony
Grounds for Divorce
There are many different grounds for divorce in Alabama all of which are created by statutes. The most commonly used ground is incompatibility. It is not difficult to convince a court that incompatibility exists sufficient qualify for a divorce. Even though a finding of fault is not necessary to the court's decision to grant a divorce, it is an important factor in such matters as child custody, alimony, and division of property.
Other grounds for which divorce in Alabama may be granted include: adultery, desertion, imprisonment in the penitentiary for certain prolonged periods, addiction to alcohol or drugs, Mental incapacity, cruelty, or conditions which existed at the time of the marriage without the knowledge of the other party such as pregnancy and incurable physical problems which keep one spouse from entering into the normal marriage state.
Divorce by Default or Trial
Two common methods of obtaining a divorce are by default or by trial. A default divorce occurs when the party against whom the divorce suit is brought fails to respond within the time limits set by law.
If the defendant does appear and files a response to the complaint, the case will be set for a trial at which each party will be able to call witnesses.
In either case the Judge must decide all of the pertinent issues, such as whether or not a divorce will be granted, custody of the children, amount of child support, alimony, and division of property. In the event of a default judgement the judge will base his findings on only the evidence presented by the party who filed the suit.
Non-Contested Divorces
The most common type divorce today is one in which the divorce is not contested. This means that the parties, both husband and wife, agree to get a divorce. In such a divorce, the parties agree in writing to the terms of the divorce.
Marital Agreement
This agreement should spell out all of the terms of the divorce, specifically including all matters relating to the children and all property owned by the parties. It is presented to the Judge, and if he approves it, a divorce is granted and the marital agreement is made a part of the divorce decree. By making this agreement, the necessity of a trial is avoided.
Child Custody and Visitation Rights
In a divorce action, the court determines the custody of the parties' minor children. The court makes its determination based on the following factors: best interest and welfare of the children, fault of the parties, character and conduct of each parent, age and sex of the children, past care and custody of the children, economic conditions of the parents, preference of the children, and custody agreements between the parties. The parent who does not have custody of the children has the right to visit the children or have them visit him or her.
Child Support
It is the responsibility of the court to determine the amount that the non-custodial parent is responsible to contribute for support of the minor children.
The court must use the Child Support Guidelines adopted by the Alabama Supreme Court in setting the amount of child support. The court combines the income of the divorcing parents, determines from the Guidelines the applicable amount of child support for the number of children of the marriage based upon that income, adjusts this amount for work-related child care expenses and health insurance premiums, and then assigns a portion of that support amount to the non-custodial parent based on his/her percentage share of the combined income. The most important factors to be considered by the court in making an award of child support are the needs of the children and the parent's ability to earn and pay his/her portion of the support.
Real and Personal Property
It is within the discretion of the court to order a transfer of property owned individually by either spouse or jointly-held property in order to "do equity" between the parties. The court has power to order either party to give or convey his or her interests in stock, vehicles or real estate to the other spouse in exchange for the release of marital obligations. Because the parties are most familiar with their own property, the divorcing couple should work out an acceptable division of assets between themselves. Sever tax consequences can result without proper planning in the division of the property.
Legal Separation and Separate Maintenance
Married couples in Alabama have two divorce related remedies that fall short of an absolute divorce:
Legal separation may be appropriate where one party wishes to live apart from his or her mate but does not desire to obtain an absolute divorce. Neither party can remarry while the decree is in effect. A court approving a petition for a legal separation may award temporary support, alimony, child support, custody of children, and make all other orders like those made when a final divorce is entered.
Separate maintenance differs from the concept of a legal separation in several respects. A party requesting separate maintenance need not prove that he or she has the grounds to obtain a final divorce. A petition for separate maintenance may be sought by the wife when a husband and wife are living apart and, through no fault of the wife, the husband refuses to support either the wife or his dependents. The fact that a wife earns a separate living will not bar her from maintenance.
Alimony
Either a husband or wife may be entitled to alimony if the court determines he or she needs support and the other party is able to pay. There are two types of alimony: temporary and permanent. Temporary alimony is awarded the needy party during the time after a divorce suit is filed while awaiting trial or final court decision. Permanent alimony is that which is awarded by the court in its final decree. Permanent alimony can either be "in gross" which is a fixed total amount and cannot be changed, or "periodic" which is an amount payable on a regular basis without a fixed total and which can be modified under some circumstances.
The award of alimony is completely discretionary with the court which considers such factors as the length of the marriage and the age, earning capacity, health, conduct, education, and income of each of the parties. Alimony is separate and apart from any property division between the parties.
Attorney Fees
You should discuss the amount of the attorney's fees and who will pay them in your first discussion with your attorney. Factors that affect the attorney's fee in a divorce include child custody, the size and complexity of any property settlement.
NOTE: This information, based upon Alabama law, is issued to inform, not to advise.
This information comes from:
The Alabama State Bar
415 Dexter Avenue
Montgomery, Alabama 36104
(334) 269-1515
