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Alabama Divorce Laws

Divorce Law Basics in the State of Alabama

Also See: Alabama Marriage Laws

Articles about 'Divorce / Separation'
Divorce Laws in All 50 States: Click Your State's Link to View the Divorce Statutes that Affect You
Divorce Glossary: Understanding Legal Terminology Related to Divorce
What is No Fault and At Fault Divorce?: Understanding the Difference
Defenses to Divorce: Affirmative Defenses to At-Fault Divorce Allegations
The Effects of Divorce on Children: How to Help Your Child Adjust to the Transition of Divorce
What is a Bifurcated Divorce?: Splitting Your Dissolution Case into Parts
FAQ: What Is An "Agreed" or "Uncontested" Divorce?: Frequently Asked Questions About Divorce
FAQ: How Do I File for Divorce if My Spouse is Missing?: Frequently Asked Questions About Divorce
Is A Do-It-Yourself Divorce Right For You?: How To Know If You Can Do Your Own Divorce
FAQ: Is property that I acquired during a separation considered to be marital property?: Frequently Asked Questions About Separation and Divorce
Types of Separation: Understanding Your Options When You Decide to Split Up
Separation Agreements: How To Draft Your Own Agreement of Separation
FAQ: What's the difference between a divorce and a legal separation?: Frequently Asked Questions About Divorce and Separation
Book Review: Taking Space: How to Use Separation to Explore the Future of Your Relationship
Book Review: Should I Stay Or Go?: How Controlled Separation Can Save Your Marriage
The Divorce Process: What Happens Next?
Lower Your Chances of Divorce: Tips to Keep Your Marriage Going Strong
The Basics of Property Distribution: What Happens to Your Stuff When You Divorce?
Collaborative Divorce: A New Approach to Conflict Resolution
Mediation: An Alternative to Divorce Litigation
Book Review: Divorce and Money: Everything You Need to Know About Splitting Up Your Assets
Book Review: Building A Parenting Agreement That Works: How to Put Your Kids First When Your Marriage Doesn't Last
Book Review: Your Right to Child Custody, Visitation and Support: The Easy Guide to Custody, Support and Visitation Rights
FAQ: What's the difference between divorce and annulment?: Frequently Asked Questions About Divorce and Annulment
Checklist of Documents to Gather for Divorce: Making Sure You Have the Information You Need
Do I Need A Lawyer To Get A Divorce?: Understanding Your Options In A Divorce
How Do I File For A Divorce?: The Basics of Beginning Divorce Proceedings

Statute: Alabama State Divorce Code (Title 30, Chapter 2): alisdb.legislature.state.al.us

No-Fault Grounds:

  • Incompatibility
  • Irretrievable breakdown
  • Voluntary abandoment (1 yr)

At-Fault Grounds:

  • Adultery
  • Imprisonment
  • Habitual drunkeness or drug abuse
  • Confinement to a mental hospital for five successive years
  • In favor of the husband if the wife was pregnant prior to the marriage without the husband's knowledge or contribution
  • Violence and/or abuse
  • In favor of the wife when she has lived apart from the husband and without financial support and remains a resident of the state for 2 years prior to filing

Residency:  Filing party must be a resident for six months prior to filing.

Legal Separation Recognized? Yes   

Property Distribution : Alabama relies on "equitable distribution" so the court will distribute the marital property "in an equitable manner" if the parties can't agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance)  is not included in property distribution.

Alimony : Alimony may be awarded to either party and is at the discretion of the judge. Separate property is not considered in alimony awards however, the judge may consider fault and adjust spousal support accordingly.


  Tags : alabama, divorce, divorce laws, no-fault / at-fault, domestic violence, marriage
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