Alabama has following divorce laws:
Residency
In case when the respondent is a non-resident of Alabama, the other spouse to the marriage must prove to be a bona fide resident of Alabama for six months prior to the filing of the divorce case. This must be stated in the complaint for divorce and verified.
Documents Required to File Divorce
The essential document needed to start and finalize a divorce according to Alabama divorce laws is:
- Complaint for Divorce and Judgment of Divorce
There are some other documents that may also be required throughout the filing process. These documents are:
- Marital Settlement Agreement
- Schedule for Visitation/Parenting Time of Minor Children
- Affidavit of Residency
- Commission to Take Testimony
- Affidavit Regarding the Children
- Waiver and Agreement for Taking Testimony
Distribution of Property
As Alabama is an "equitable distribution" state, the
marital property is divided equally. The court asks the spouses to reach a settlement on property and debt issues. If they are unable to do so Alabama divorce laws consider the court’s declaration of the property award as final. The Alabama divorce court decides what property is marital and distributes a portion to each spouse.
Change of Name or Restoration of Name
According to Alabama divorce laws court may grant both the spouses to use former name on divorce.
Mediation Counseling
Alabama divorce laws necessitates mandatory
mediation after the agreement of both the spouses to mediation, if mediation is upon motion by one party. The trial court has the authority to allocate the costs of the mediation services. The petitioner requesting mediation is supposed to pay the cost, excluding attorney fees, unless the spouses make another agreement in which the attorney fees is excluded. In case of domestic violence the court may not order mediation.
Alimony/ Supposal Support
Support from one spouse to the other is not important in all cases. The obligation of one spouse to support the other financially is decided on the basis of case to case that is finalized with the consent of both the spouses.
According to Alabama divorce laws, the court has the right to establish maintenance for either spouse and will consider the value of each spouse's estates, their families and up to 50% of any retirement benefits if the marriage was ten year or longer. The misconduct of either spouse may be considered in determining the amount; provided, however, any property acquired before the marriage is excluded in determining the amount.
Child Support and Child Custody
Alabama divorce laws are in favor of awarding joint custody on the basis of the gross income of both parties. The cost of medical insurance for the children and any work related childcare expenses are also taken in account. There main focus is on the best interest of the child.
Child support is provided until the age of 18, or until the child is a high school graduate. However, the court can extend the support obligations to cover a child's college education.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information in your state.
