Divorce Laws in Alabama
*All information on this page is intended to provide educational and informational materials only, not to serve as legal advice in any form or capacity.
Divorce is the legal process of ending a marriage contract, which can have significant implications for the lives of the divorcing spouses and their children. Divorce laws in Alabama are complex and will affect you personally. Divorce laws are not uniform across the United States as each state has its own statutes and procedures that govern how a divorce can be obtained, and what issues can be resolved. Below is a description of the divorce legal processes in Alabama so you can better prepare yourself, and choose if a divorce lawyer is needed, or if a DIY Divorce kit can be used.
Alabama Divorce Laws
When it comes to divorce, Alabama has a reputation as one of the most conservative states in the country. But, if you’re facing a divorce, it’s important to understand the laws and what they mean for you. This overview of Alabama divorce laws and common law divorce can help you make the best decisions for your situation.
Divorce Grounds in Alabama
In Alabama, spouses can receive a divorce based on no-fault grounds. However, fault-based grounds are also available, including adultery, voluntary abandonment, habitual drunkenness or drug use, or violence towards the spouse. In order to receive a divorce, spouses must satisfy residency and jurisdiction requirements. This means that at least one of the parties must have lived within the state for six months or both parties must currently reside in the state. Individuals are also required to file for divorce in the county that they live in. The state also requires a thirty day waiting period after a divorce complaint is filed before it can go into effect.
Division of Property
Alabama does not assume that all property shared by spouses are to be automatically divided fifty percent each between spouses. Instead, it is an “equitable distribution state”, meaning that the division of assets and liabilities should be fair, but this doesn’t necessarily mean equal. Division of property will involve giving back to each party what they brought into the marriage and then dividing up the property and debt that was acquired during the marriage. The division of property may be more complicated with longer term marriages. There is no one set formula and the court will decide on a case by case basis.
Alimony
In some cases, alimony or spousal support may be granted by the court. This is the financial support that a court grants to one spouse who needs monetary assistance and is paid by the other spouse who has the means to pay. Alimony was created to maintain and preserve the economic and financial status of both spouses as it previously existed while the two parties were married. It may be awarded as periodic payments for a set time period or as a lump sum. Under certain situations, the requirement for periodic payments may be ended earlier such as in the case of the death of either spouse, remarriage of the spouse who is receiving the alimony, or in the case of cohabitation.
Child Support
The state of Alabama has child support guidelines that are determined by the Income Shares Model. The amount is determined by calculating support based on each parent’s income. These amounts are then offset to then determine which parent will pay the other child support. Income is verified through the parent’s W-2 and a child support worksheet can be obtained at the courthouse. When parents cannot agree, the court applies the state child support guidelines. The court may turn away from the guidelines if the parents agree to do so or if they believe that it is required in order to create an order that is in the best interest of the children. Both parents are required to fill out an income and expense affidavit in addition to presenting their W-2 to verify their income.
Child Custody
When parents are not able to agree on issues regarding their children, the court may issue a custody order. The court will take into consideration the age and gender of the children, prudence and moral character of the parents and their safety and well-being. In cases where abandonment of the husband has occurred by the wife, the father will have custody after the children are seven years of age, if the father is found to be a suitable parent.
Common Law Divorce
Alabama is one of the few states that recognizes common law marriages, meaning that even though a couple is not legally married, they are still recognized as husband and wife. For a common law marriage to be valid, it must be proven either by the two parties living together for many years, sharing joint back accounts, insurance policies and other joint accounts. When dealing with a common law divorce, family court treats it the same as any married couple. These couples can choose an uncontested divorce, contested divorce or mediation.
Common Questions Alabama Divorce Laws
Navigating the process of filing for a divorce can be a daunting and complicated task. Knowing the specifics of your state’s divorce laws can help make the process easier and less stressful. Here are some of the most commonly asked questions about Alabama’s divorce laws.
What is the minimum residence period I must complete to file for divorce?
You must have been a resident of the state of Alabama for a period of at least 6 months or 180 days (whichever is longer) before you can file for divorce.
What happens if my spouse doesn’t reside in State of Alabama?
Under Alabama divorce law, your spouse will have to be served with the Complaint for Divorce. If your spouse resides in another state, the service of process must be done by a special process server or, under certain verified circumstances, the Complaint can be sent via certified mail. If you don’t know your spouse’s address, the Court may approve the publishing of a divorce notice in the newspaper.
Does it really take years for the divorce to finalize?
The Alabama divorce law has a 30 day waiting period. After that, the divorce process can take months or even years, depending on the level of agreement between you and your spouse. If you and your spouse agree to a settlement, the process can be finalized in less than 30 days, pending on the signing of the divorce decree by the judge. However, if you have disagreements on the terms of your divorce, the process can be lengthy. In fact, there are cases where the divorce decree was issued after years of legal battle.
How much does it cost to file for divorce?
The filing fee depends on the county of Alabama you reside. For example in Birmingham, the filing fee for Jefferson County is $154, while in Shelby County the fee is $160.
How do divorce attorneys charge for services rendered?
Divorce attorneys will typically charge on a flat fee or an hourly rate. The amount charged can depend on the complexity of your divorce case, your financial health, and your negotiating skill.
Is the Alabama a common law state?
Yes, Alabama is a common law state. Under Alabama divorce law, both spouses must agree to be husband and wife, must have the mental capacity to understand such an agreement, and must consummate the marriage.
Is Alabama a No-Fault State?
Yes, Alabama is a no fault state.
How long does a couple have to be separated before filing for a no fault divorce?
Under the Alabama divorce law the couple has to be separated for 2 years before filing for a no fault divorce.
Under the Alabama divorce law can the Court make my spouse pay for my Alabama divorce lawyer?
Under the Alabama divorce law, the Court can award an attorney’s fee in a divorce case.
Must I hire the services of an Alabama divorce lawyer or can I represent myself in court?
You can represent yourself in court, but it is advisable to have a practicing divorce attorney on your side. You and your spouse cannot hire the same divorce attorney to represent both of you, even if the divorce is uncontested. You can, however, have the same attorney prepare all the papers and represent yourself.