Alabama Divorce Laws

Every state has specific laws and statutes dealing with divorce. These laws dictate your state's legal requirements for divorce. They also affect alimony, child custody, and property division.

If you're considering filing for divorce, you should get to know Alabama divorce laws. Here, we'll discuss these laws and explain how the Alabama courts handle divorce actions. We will also explain how Alabama treats contested and uncontested divorce cases.

Alabama Divorce Laws: The Basics

Before filing your divorce complaint, you should review Alabama's divorce laws. The chart below highlights the critical divorce laws in Alabama.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Legal Requirements for Alabama Divorce

You must meet the state's residency rule to file for divorce in Alabama. Alabama's residency requirements are more specific than most other states. According to Alabama Code § 30-2-5, if both parties live in-state, you can file for divorce at any time.

If the defendant lives out-of-state, the plaintiff must show that they've been a resident of Alabama for at least six months.

Alabama Code § 30-2-8.1 requires a 30-day waiting period before a family law judge issues a final divorce decree.

No-Fault Divorce and Fault-Based Divorce

Before you file your divorce papers, you must decide which type of divorce you will file. Alabama's two main types of divorce are a no-fault divorce and a fault-based divorce. All states recognize no-fault divorce today. This wasn't the case just 10 or 15 years ago.

To qualify for a no-fault divorce in Alabama, you must certify that there has been an irretrievable breakdown of your marriage and that it's beyond repair. You don't have to lay blame or cite specific marital misconduct in your divorce complaint.

You can opt for a fault-based divorce instead. The Alabama courts recognize the following grounds for divorce:

• Incurable insanity and commitment to a mental hospital for five years
• Incurable incapacity to enter marriage
• Adultery
• Wife was pregnant at the time of the marriage without the husband's knowledge
• Actual physical violence in the marriage by either party (domestic violence)
• Voluntary abandonment for one year or more
• Imprisonment for more than two years
• Conviction of a crime against nature (mankind or beast)
• Habitual drunkenness or drug use
• The wife has lived separately and without support from her husband for two years or longer

According to Alabama Code § 30-2-1, you can cite any of these grounds for divorce. Take note that a husband can file for divorce if his wife was pregnant at the time of marriage, and he didn't know. The child's father is not required to be someone other than the husband.

Uncontested Divorce vs. Contested Divorce Case

Ideally, you and your spouse will enter the divorce process amicably. You may already agree to the material terms of your divorce. If that's the case, you'll file an uncontested divorce. Your divorce attorney will submit a copy of your marital settlement agreement. Once the judge approves it, they can schedule your final divorce order for 30 days later.

You'll file a contested divorce if you and your spouse disagree about the divorce terms. These divorces are more expensive and time-consuming. It could take a year or longer to resolve your divorce.

Some of the legal issues couples fight about in a contested divorce include:

• Alimony/spousal support
• Child custody
• Child support
• Property division

Your case will go to trial if you and your spouse can't negotiate a settlement. Once both sides argue their case to the judge, the judge will decide these issues for you. You'll have no say in the disposition once it's in the judge's hands. This is why it's best to hash an agreement out with your soon-to-be ex-spouse. At least you'll have some semblance of control.

Child Custody and Child Support

The Alabama courts have clarified that they prefer minor children spend time with both parents. A judge would rarely award legal custody to just one parent. This doesn't mean that the parents will share equal physical custody. Typically, the courts appoint one parent as the custodial parent while the other enjoys visitation rights.

If you and your spouse can't agree on a child custody arrangement, the court will decide for you. They'll consider many factors. But, their primary concern is the best interests of the child.

The courts use the Alabama child support guidelines. These guidelines base support on the parties' income, expenses, and the number of minor children.

Alimony and Spousal Support

There's no guarantee that you'll get alimony after your divorce. In any divorce action, the courts determine whether either party can enjoy the same standard of living they had during the marriage. If not, the courts look to see which party is in the best position to provide financial help to the other.

According to Alabama Code § 30-2-57, there are two types of alimony: rehabilitative and periodic. The courts prefer to award rehabilitative alimony because it is temporary and ends when the lesser-earning spouse becomes self-sufficient.

Rehabilitative alimony can only last for five years. By that point, the receiving spouse should have sought the training, education, and experience they need to earn a decent living.

With periodic alimony, the courts feel that the receiving spouse will not be able to achieve a comparable standard of living in five years. The judges may grant alimony for more than five years in these cases. But, the paying spouse has the right to file a motion to modify or stop alimony.

Equitable Distribution of Property in Alabama

Alabama is an equitable distribution state. The courts rarely split your marital property 50/50. Instead, the judges divide marital assets and debts fairly and equitably.

Your Alabama divorce lawyer can negotiate property division with your spouse's attorney even in a contested divorce. If they do this, you can submit your partial settlement agreement to the court before trial. If you can't agree on the division of property, the judge will decide for you.

Getting Divorced in Alabama? An Attorney Can Help

Even under the best circumstances, divorce can be emotionally and legally challenging. An Alabama divorce attorney understands the divorce process and will work tirelessly to achieve the best possible outcome.

Your Alabama divorce lawyer not only knows the law. They also know how to navigate the family law courts. They know how the judges operate and will do their best to protect your rights.