Danger also means abuse. The state of Alabama divorce laws are quite flexible and a lot of factors depend on how partners communicate different issues and agree on specific terms. Here you will find a collection of state laws passed by the Alabama Legislature and organized by subject area into Titles, Chapters and Sections. Divorce is a legal order by court which put an end to a marriage. Section 30-2-10 — Sixty-day restriction on remarriage of parties after grant of divorce or pending appeal of divorce. The law allows a judge to award one spouse alimony when they see fit. Please contact the developer of this form processor to improve this message. 15, 2019) — No divorce should be celebrated, but you need to be prepared. When it comes to child custody laws in Alabama, the court system uses a number of different factors in order to determine the custody arrangement. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Learn More{{/message}}. (b)(1) The marital estate is subject to equitable division and distribution. Also See: Alabama Marriage Laws Statute: Alabama State Divorce Code (Title 30, Chapter 2): alisdb.legislature.state.al.us No-Fault Grounds:. To learn whether you can file for an annulment, you’ll need to talk to a divorce or family lawyer like Verhaeghe Law Office. Only the filing spouse needs to live in Alabama. ). Alabama requires you to live in the state for a minimum of six months before you can file. Notwithstanding the foregoing, the judge may not take into consideration any property acquired prior to the marriage of the parties or by inheritance or gift unless the judge finds from the evidence that the property, or income produced by the property, has been used regularly for the common benefit of the parties during their marriage. Under longstanding Alabama law, a divorce court could not allow one party a share of the other’s retirement account unless the couple had been married for at least 10 years. As of January 1, 2018, the 10-year requirement has been eliminated, giving courts greater discretion over apportionment of retirement accounts. or probate matters (real estate, wills, property disputes, etc. Alabama law permits two kinds of divorces: no-fault and fault-based. The documents supporting its resident proof shoul Alabama bases child support on what is known as the “Income Shares Model.” This is based on the concept that a child should receive the same ratio of support from … Fifty percent of marriages end in divorce, and Alabama has the second highest divorce rate in the United States. Our office is prohibited by law from providing private citizens with legal advice, representation, or opinions (Code of Alabama, 1975, Title 36, Chapter 15). If you seek full or sole physical and legal custody of your child/children, then you need to be prepared to prove that your wish is also in the child’s best interests. Code of Alabama and Constitution Welcome to FindLaw's hosted version of the Code of Alabama. Firefox, or Your email address will not be published. Incompatibility; Irretrievable breakdown Read this complete Alabama Code Title 30. Copyright © 2021, Thomson Reuters. Discover our many awards and recognitions. They can also argue for visitation, but again, it only occurs under specific circumstances. Like many other states, Alabama uses the “equal distribution” system. Cohabitation can be particularly frustrating for an individual who pays alimony because the recipient of the alimony might use the amount to support a relationship with their new partner and the recipient of the alimony might also be receiving financial support from th… We recommend using If you’re based in Alabama, here are 8 things you need to know about Alabama divorce laws. Please contact the developer of this form processor to improve this message. These will all inform the acceptance of a contested custody plan. Alabama divorce laws regarding child support The Income Shares Model is used in this state to determine child support. (d) Any passive increase or decrease in the value of retirement benefits from the effective date of the award to the date of distribution shall accrue to, or be borne by, the parties on a pro rata basis. (c) The court may use any method of valuing, dividing, and distributing an interest in retirement benefits that is equitable under the circumstances of the case so long as the overall division and distribution of the marital property remains equitable to the parties. Section 30-2-11 — Wife may be enjoined from use of given name or initials of divorced husband. The Alabama Center for Health Statistics began filing divorce certificates in 1950 for divorces that occurred in Alabama. The state of Alabama doesn’t require your spouse to allow grandparents to access their grandchildren. Your email address will not be published. Alabama divorce laws are amenable to couples who want to call it quits. Alabama, like most states, has no community property laws on the books, therefore allowing for more flexibility (and more uncertainty) in property division following a divorce. However, that does not mean you need to split time equally. Physical custody refers to where the child lives. A state law (HB257) signed in 2017 limits rehabilitative alimony to a maximum of five years unless compelling reasons can be given to show why there should be a deviation. (a) If either spouse has no separate estate or if it is insufficient for the maintenance of a spouse, the judge, upon granting a divorce, at his or her discretion, may order to a spouse an allowance out of the estate of the other spouse, taking into consideration the value thereof and the condition of the spouse's family. Ala. Code § 30-3-1 (1975). Nothing in this section shall be construed to require a court to divide or distribute any amount, or any percentage, of one spouse's retirement benefits to the other spouse. We are providing this Alabama divorce information as a reference guide to help you through the process. Alabama considers no-fault as grounds for divorce. Generally, Alabama law requires a divorce court to first determine what are the marital assets, as distinct from separate property of the parties. Divorce Law Alabama law allows for filing of divorce under both fault and no-fault grounds. Even though the server responded OK, it is possible the submission was not processed. The background of the theory is that the child ought to get support as if the parents were together even after the separation is granted. Unless the parties agree otherwise, and except as otherwise provided by federal or state law, the marital estate includes any interest, whether vested or unvested, either spouse has acquired, received, accumulated, or earned during the marriage in any and all individual, joint, or group retirement benefits including, but not limited to, any retirement plans, retirement accounts, pensions, profit-sharing plans, savings plans, annuities, or other similar benefit plans from any kind of employment, including, but not limited to, self employment, public or private employment, and military employment. The only exceptions tend to be when the parent applying for custody can prove that the other parent poses a real and present danger to the child. Alabama has a divorce rate of 3.9 per 1,000, which is much higher than the national average of 3.1. (a) If either spouse has no separate estate or if it is insufficient for the maintenance of a spouse, the judge, upon granting a divorce, at his or her discretion, may order to a spouse an allowance out of the estate of the other spouse, taking into consideration the value thereof and the condition of the spouse's family. If you were only married for a few months or years, any alimony awarded would be very short-term. However, parties could enter into an agreement to split retirement accounts, even if they had been married for less than 10 years. Alabama Misconduct During Marriage. Passive increases or decreases are increases or decreases resulting from fluctuations in the value of the assets regarding a retirement benefit and cost-of-living adjustments made pursuant to the terms of a retirement benefit, but do not include any increases or decreases resulting from contributions, withdrawals, or accruals to a retirement benefit attributable to any period, after the effective date of the award. Even if your claim is true, proving it in court can be tricky and requires a court appearance. Learn how your comment data is processed. When it comes to no-fault divorce, no particular reason is given for why the spouses are divorcing—it’s enough that one spouse says the marriage is broken and can’t be fixed. The Defendant is not required to verify the Answer to the Complaint by oath, and whether sworn to or not, it is not evidence in the case, and can have no other effect than to put in issue the allegations of the Complaint. Is the child or children particularly attached to a particular parent? Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Microsoft Edge. A judge will usually grant visitation time (supervised or unsupervised). It is seen as a rehabilitative option that gives the receiving spouse time to find a job or improve their chances for employment. Divorce Law Basics in the State of Alabama. Along with an “irretrievable breakdown” of the marriage, the standard grounds for divorce in Alabama include adultery, cruelty, incurable insanity, and “the commission of the crime against nature, whether with mankind or beast, either before or after marriage.” Alabama courts consider factors such as stability. Required fields are marked *, {{#message}}{{{message}}}{{/message}}{{^message}}Your submission failed. Alabama law states that the court may give custody to either the father or mother as the court deems right and proper after consideration of the moral character and prudence of the parents, as well as the age and sex of the children. Marital and Domestic Relations § 30-2-51 on Westlaw, industry-leading online legal research system, Betting Money Is Now on Supreme Court Keeping ACA Largely Intact, House Passes Open Courts Act Targeting PACER Reform, 2021 May Bring Pro-Labor and Unionization Movement in Tech. Awards. In this system, assets are divided on the principle of fairness. This contrasts with the laws of many other states, where all divorces are no-fault. The state of Alabama has unique divorce laws for people who wish to terminate their marriage. The Attorney General's Office does not handle any domestic cases (example: child support, child custody, divorce, etc.) The process for getting a divorce and acceptible grounds for divorce vary from state to state. (e) Unless otherwise prohibited by state or federal law, a court may enter any order designed to protect or preserve the legal interest of either spouse in retirement benefits, including any order to prevent, or to compensate a spouse for, the deprivation or dissipation of a legal share of any retirement benefits due to the act or omission of the other spouse and any order necessary to enforce the property division of such benefits. Legal custody refers to parent decisions making responsibilities. Notwithstanding the foregoing, a court may not enter any order modifying the terms of any retirement benefits or enlarging the benefits payable under the terms of a retirement plan. 100 (1890) Your incompatibility means you can’t live together, Reconciliation is both impractical and in no one’s interest, One spouse moved out of the shared property voluntarily one year before the filing, Received a prison sentence for at least seven years and is in year three, Resides in a mental hospital for five successive years and is incurably insane (certification from hospital director required), Got pregnant by another person without your knowledge or consent at the time of your marriage, Each spouse’s monetary contributions to the marriage, Each spouse’s non-monetary contributions to the marriage, Each spouse’s ability to provide for themselves post-divorce, Fraud or duress when consenting to a marriage, One party was under 14 when the marriage took place, One party was drunk or high when the wedding took place, Impotency prevented consummation of the marriage, The marriage occurred between two parties closely related by blood. All rights reserved. Individuals who receive support from a former spouse must understand the effect that cohabitation can have on these payments. Divorce is never easy, but it’s not uncommon. Marital Property Laws in Alabama Each state may have unique marital property laws. Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. Fortunately, Alabama divorce laws don’t make the end of your marriage more difficult than it has to be. In those cases, a judge may prohibit contact or limit contact to supervised visits. 2 1 Ala. Code 1975 § 30-2-1 2 Ala. Code 1975 § 30-2-1(a)(1); see Anonymous , 89 Ala. 291, 7 So. Do you have children? Alabama law states that alimony will be terminated if an individual either lives openly or cohabits with another individual. A judge to award one spouse alimony when they See fit ex-spouse doesn ’ make! 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