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Love and the Law

Alabama State Divorce Laws
Alabama Filing Requirements: Must be filed in the circuit court

Grounds for Filing in Alabama: Grounds for divorce are:

No-Fault:

  1. Incompatible temperament
  2. Irreparable breakdown of the marriage
  3. Abandonment

Fault:

  1. Physically incapacitated from entering into the marriage state.
  2. Adultery
  3. Imprisonment
  4. Drunkenness or to consistent use of narcotics/drugs
  5. If either party is confined to a mental
  6. If wife was pregnant at the time of marriage
  7. Domestic Violence or Abuse
  8. If spouse has lived separate and apart from the other spouse for two years

Property Distribution: Alabama is an “equitable distribution” state where property is divided fairly.

The court will determine the asset division if the spouses do not stipulate to how their property is to be divided. The court will determine marital property, value it, and distribute a portion to each spouse. Property obtained before or during the marriage is outside the court’s realm of division.

Spousal Support: The judge will determine the appropriate amount and will consider the value of each spouse’s estates, and up to 50% of any retirement benefits if the marriage was ten year or longer. Misconduct by a spouse may be considered in determining the amount of spousal support.

Child Custody: Alabama court will determine the custody order at its discretion if the parents cannot come to an agreement.

Child Support: The Income Shares Model is used to calculate child support.

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