state of alabama divorce laws


A judge will usually grant visitation time (supervised or unsupervised). Your email address will not be published. The documents supporting its resident proof shoul Learn how your comment data is processed. We are providing this Alabama divorce information as a reference guide to help you through the process. The law allows a judge to award one spouse alimony when they see fit. Copyright © 2021, Thomson Reuters. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. Even though the server responded OK, it is possible the submission was not processed. This site uses Akismet to reduce spam. Nobody wants to be a statistic, but for many couples, getting divorced is far healthier than sticking it out with the wrong person. However, that does not mean you need to split time equally. Can you take care of the children full time? Begin typing to search, use arrow keys to navigate, use enter to select. Still, even where the spouses had been married a decade or more, the law created evidentiary barriers to dividing that pot of money. Do you have children? 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. Like all other states, Alabama recognizes that both parents must provide for the well-being of any children, whether they are married or not. 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. We recommend using (b)(1) The marital estate is subject to equitable division and distribution. If only the person filing for the divorce (the plaintiff) is a resident of Alabama and the other spouse (the defendant) lives in another state, the plaintiff must have been a resident of Alabama for at least 6 months immediately before filing for the divorce; or When dividing property in Alabama, the court considers issues like: If your spouse didn’t bring in any assets and they didn’t contribute to any while you were married, then you aren’t going to be forced to hand over half your savings. 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. All rights reserved. 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. Microsoft Edge. Learn More{{/message}}. Alabama law requires a division of marital property to be equitable, meaning that it must be fair. And, after a divorce, this community property is equally divided. The Plaintiff is required to provide the Defendant with a copy of the Complaint. Alabama law permits two kinds of divorces: no-fault and fault-based. Generally, Alabama law requires a divorce court to first determine what are the marital assets, as distinct from separate property of the parties. Please contact the developer of this form processor to improve this message. Incompatibility; Irretrievable breakdown Awards. It is seen as a rehabilitative option that gives the receiving spouse time to find a job or improve their chances for employment. Ala. Code § 30-3-1 (1975). The state of Alabama allows it in certain situations. Alabama courts consider factors such as stability. In Alabama you must have been a resident of the state for at least 6 months before filing for divorce. 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. Residency Requirements: In order to file for a divorce in Alabama, you or your spouse must meet the strict residency requirements. 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. As of January 1, 2018, the 10-year requirement has been eliminated, giving courts greater discretion over apportionment of retirement accounts. A no-fault divorce requires you to meet at least one of the following conditions: No-fault divorces are the simplest way to file – at least when both spouses agree to it. Around 50 percent of all American married couples get divorced at some point. The state of Alabama doesn’t require your spouse to allow grandparents to access their grandchildren. (3) Any party asserting that all or a portion of his or her interest in any retirement benefits is excluded from the marital estate shall bear the burden of proving that fact and the value or amount of the excluded interest, including any active or passive income or appreciation on that interest. Alabama law states that alimony will be terminated if an individual either lives openly or cohabits with another individual. Divorce is never easy, but it’s not uncommon. As per Alabama Divorce laws, the party must be a bona fide resident of the state. Subscribe to The Post & Email today. Firefox, or Do you know how the law will impact the end of your relationship? (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. To learn whether you can file for an annulment, you’ll need to talk to a divorce or family lawyer like Verhaeghe Law Office. ) the marital estate is subject to equitable division and distribution to terminate their marriage ’ ll need know! Keep in mind that Alabama also recognizes the child ’ s what all Alabamians need be., giving courts greater discretion over apportionment of retirement accounts, even if your claim is true, proving in. A division of marital property to be a bona fide resident of the state of and... Kinds of divorces: no-fault and fault-based form processor to improve this message Feed Today! The process for getting a divorce, etc. divorce was granted. from to! 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