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Divorce in Alabama can be a complex process to navigate. This page aims to provide a clear, easy-to-understand overview of Alabama’s divorce laws. For those looking for more detailed information, we’ve included links to additional resources.
Divorce Laws in Alabama
Alabama recognizes both no-fault and fault-based grounds for divorce. No-fault divorce can be based on “irretrievable breakdown” of the marriage. Fault grounds include adultery, cruelty, and addiction.
To file for divorce in Alabama, one spouse must have been a resident for at least six months. Unique to Alabama, there’s a 30-day waiting period from filing to the finalization of the divorce.
Process of Filing for Divorce
In Alabama, the process starts by filing a “Complaint for Divorce” in the circuit court of the county where you or your spouse resides. If you have children, you’ll need additional forms. After filing, you must legally serve these documents to your spouse. Be aware that each county in Alabama may have its own specific rules.
Child Custody and Support
When it comes to children, Alabama courts focus on their best interests. Factors like each parent’s relationship with the child, the child’s needs, and the parents’ ability to provide care are considered. Child support is calculated based on state guidelines, taking into account both parents’ incomes and the child’s needs.
Alimony/Spousal Support
Alimony in Alabama is not automatic. The court looks at factors such as the length of the marriage, each spouse’s financial circumstances, and future earning abilities. The aim is to ensure a fair financial situation for both spouses after the divorce.
Property Division
Alabama follows the “equitable distribution” principle for dividing marital property. This means property is divided fairly, but not always equally. The court considers each spouse’s contribution to the marriage and their future financial needs.
Alabama Divorce Resources
For more in-depth information on divorce in Alabama, please explore the links provided. These include valuable insights from Alabama’s family law courts, government resources, and legal aid options.
Article: How Much Does a Divorce Cost in Alabama
Alabama Divorce Forms
Most forms below are available here: https://38jc.alacourt.gov/divorce.aspx
Uncontested Divorce – No Minor Children:
- Complaint for Divorce (including Affidavit of Residency)
- Testimony of Plaintiff
- Child Support Information Sheet
- Summons
- Divorce Decree (ready for Judge’s signature)
- Vital Statistics Form (Certificate of Divorce)
Uncontested Divorce – With Minor Children:
- All forms above
- Proposed Custody Arrangement (included in Complaint for Divorce)
- Child Support Income Affidavit
- Child Support Worksheet
Other Forms:
- Financial Disclosure Affidavit
- Joint Petition for Dissolution of Marriage
- Motion for Default Judgment
- Income and Expense Affidavit
Additional Resources:
Disclaimer
This page offers general guidance on Alabama divorce laws and is not intended as legal advice.
