It is seen as a rehabilitative option that gives the receiving spouse time to find a job or improve their chances for employment. 2 1 Ala. Code 1975 § 30-2-1 2 Ala. Code 1975 § 30-2-1(a)(1); see Anonymous , 89 Ala. 291, 7 So. For divorce cases filed before 2018, the spouses had to be married for 10 years before a retirement account could be divided like any other asset. Additionally, winning sole custody doesn’t mean that your ex-spouse doesn’t have rights. The documents supporting its resident proof shoul They can also argue for visitation, but again, it only occurs under specific circumstances. Along with an “irretrievable breakdown” of the marriage, the standard grounds for divorce in Alabama include adultery, cruelty, incurable insanity, and “the commission of the crime against nature, whether with mankind or beast, either before or after marriage.” or probate matters (real estate, wills, property disputes, etc. The Attorney General's Office does not handle any domestic cases (example: child support, child custody, divorce, etc.) Your incompatibility means you can’t live together, Reconciliation is both impractical and in no one’s interest, One spouse moved out of the shared property voluntarily one year before the filing, Received a prison sentence for at least seven years and is in year three, Resides in a mental hospital for five successive years and is incurably insane (certification from hospital director required), Got pregnant by another person without your knowledge or consent at the time of your marriage, Each spouse’s monetary contributions to the marriage, Each spouse’s non-monetary contributions to the marriage, Each spouse’s ability to provide for themselves post-divorce, Fraud or duress when consenting to a marriage, One party was under 14 when the marriage took place, One party was drunk or high when the wedding took place, Impotency prevented consummation of the marriage, The marriage occurred between two parties closely related by blood. Fault-based grounds for the divorce process in Alabama include incapacity, adultery, imprisonment, addiction, insanity, and domestic abuse. The state of Alabama allows it in certain situations. Learn More{{/message}}, {{#message}}{{{message}}}{{/message}}{{^message}}It appears your submission was successful. (e) Unless otherwise prohibited by state or federal law, a court may enter any order designed to protect or preserve the legal interest of either spouse in retirement benefits, including any order to prevent, or to compensate a spouse for, the deprivation or dissipation of a legal share of any retirement benefits due to the act or omission of the other spouse and any order necessary to enforce the property division of such benefits. A fault divorce is available, and you can choose this option if your spouse: Keep in mind that you need to provide evidence for a fault-based divorce. Alabama requires a 30-day waiting period after filing the Complaint before the divorce may become effective. The courts tend to favor joint custody for both physical and legal custody to ensure children continue to have contact with both parents. Like all other states, Alabama recognizes that both parents must provide for the well-being of any children, whether they are married or not. Spousal abandonment is a fault ground for divorce with potential consequences in property division, alimony and child custody. As per Alabama Divorce laws, the party must be a bona fide resident of the state. Please contact the developer of this form processor to improve this message. (2) Notwithstanding the foregoing, unless the parties agree otherwise, the total amount of the retirement benefits payable to the noncovered spouse shall not exceed 50 percent of the retirement benefits that may be considered by the court. A judge will usually grant visitation time (supervised or unsupervised). Fifty percent of marriages end in divorce, and Alabama has the second highest divorce rate in the United States. If you were only married for a few months or years, any alimony awarded would be very short-term. Alabama, like roughly half of all U.S. states, follows a system called “equitable distribution.” Under this system, all of the debts and assets that married couples share are divided according to a principle of equity, or fairness. Your email address will not be published. Are you looking for more great content? Divorce is never easy, but it’s not uncommon. Awards. (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. 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. (b)(1) The marital estate is subject to equitable division and distribution. Alabama bases child support on what is known as the “Income Shares Model.” This is based on the concept that a child should receive the same ratio of support from … Alabama state laws establish spousal rights in marriage and divorce after abandonment. Alabama law permits two kinds of divorces: no-fault and fault-based. A no-fault divorce … If you seek full or sole physical and legal custody of your child/children, then you need to be prepared to prove that your wish is also in the child’s best interests. This contrasts with the laws of many other states, where all divorces are no-fault. Alabama divorce law provides that under certain circumstances alimony can be raised, lowered, or eliminated. Unless the parties agree otherwise, and except as otherwise provided by federal or state law, the marital estate includes any interest, whether vested or unvested, either spouse has acquired, received, accumulated, or earned during the marriage in any and all individual, joint, or group retirement benefits including, but not limited to, any retirement plans, retirement accounts, pensions, profit-sharing plans, savings plans, annuities, or other similar benefit plans from any kind of employment, including, but not limited to, self employment, public or private employment, and military employment. These will all inform the acceptance of a contested custody plan. 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. The process for getting a divorce and acceptible grounds for divorce vary from state to state. Alabama divorce laws regarding child support The Income Shares Model is used in this state to determine child support. In particular, Alabama law establishes an abandoned spouse's right to support and penalizes an absent spouse for desertion. 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. When the state attempted to implement the Grandparent Visitation Act, the Alabama Supreme Court declared it unconstitutional. Google Chrome, If you’re based in Alabama, here are 8 things you need to know about Alabama divorce laws. Section 30-2-12 — Divorce for pregnancy of wife at time of marriage bastardizes issue. Microsoft Edge. ). In those cases, a judge may prohibit contact or limit contact to supervised visits. Divorce is a legal order by court which put an end to a marriage. Are you financially stable? Your email address will not be published. However, that does not mean you need to split time equally. The state of Alabama divorce laws are quite flexible and a lot of factors depend on how partners communicate different issues and agree on specific terms. The Defendant is not required to verify the Answer to the Complaint by oath, and whether sworn to or not, it is not evidence in the case, and can have no other effect than to put in issue the allegations of the Complaint. 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. Do you know how the law will impact the end of your relationship? When it comes to child custody laws in Alabama, the court system uses a number of different factors in order to determine the custody arrangement. Alabama Misconduct During Marriage. 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 In Alabama, there are two types of custody—physical and legal. Code of Alabama and Constitution Welcome to FindLaw's hosted version of the Code of Alabama. Alabama.gov is one of the best government sites in the nation. Cohabitation can be particularly frustrating for an individual who pays alimony because the recipient of the alimony might use the amount to support a relationship with their new partner and the recipient of the alimony might also be receiving financial support from th… Discover our many awards and recognitions. Here you will find a collection of state laws passed by the Alabama Legislature and organized by subject area into Titles, Chapters and Sections. This site uses Akismet to reduce spam. Ala. Code § 30-3-1 (1975). Your ex can live elsewhere. US Breaking News Headlines – Online Feed – Today, Now Current. 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. Marital Property Laws in Alabama Each state may have unique marital property laws. Is the child or children particularly attached to a particular parent? Internet Explorer 11 is no longer supported. And, after a divorce, this community property is equally divided. (Information for divorces prior to 1950 must be obtained from the circuit court in the county where the divorce was granted.) Please contact the developer of this form processor to improve this message. 15, 2019) — No divorce should be celebrated, but you need to be prepared. Danger also means abuse. To file for divorce in Alabama, you need to be a resident of the state. We are providing this Alabama divorce information as a reference guide to help you through the process. Alabama law states that alimony will be terminated if an individual either lives openly or cohabits with another individual. We recommend using Incompatibility; Irretrievable breakdown This means that property owned by either spouse prior to marriage is exempt, as are certain individually-owned assets acquired during the tenure of the marriage. Alabama, like most states, has no community property laws on the books, therefore allowing for more flexibility (and more uncertainty) in property division following a divorce. Divorce Law Alabama law allows for filing of divorce under both fault and no-fault grounds. The ground for a no-fault divorce in Alabama is irretrievable breakdown of the marriage. Alabama has a divorce rate of 3.9 per 1,000, which is much higher than the national average of 3.1. The Alabama Center for Health Statistics began filing divorce certificates in 1950 for divorces that occurred in Alabama. Finally, keep in mind that Alabama also recognizes the child’s own wishes. (c) The court may use any method of valuing, dividing, and distributing an interest in retirement benefits that is equitable under the circumstances of the case so long as the overall division and distribution of the marital property remains equitable to the parties. Here’s what all Alabamians need to know. Grandparents can have custody of the children when the judge permits it, but only in rare circumstances. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Also See: Alabama Marriage Laws Statute: Alabama State Divorce Code (Title 30, Chapter 2): alisdb.legislature.state.al.us No-Fault Grounds:. Article 2 Divorce From Bed and Board. Read this complete Alabama Code Title 30. (Apr. Section 30-2-11 — Wife may be enjoined from use of given name or initials of divorced husband. Alabama law states that the court may give custody to either the father or mother as the court deems right and proper after consideration of the moral character and prudence of the parents, as well as the age and sex of the children. In order to modify alimony, you must file a request withe the court. As of January 1, 2018, the 10-year requirement has been eliminated, giving courts greater discretion over apportionment of retirement accounts. Individuals who receive support from a former spouse must understand the effect that cohabitation can have on these payments. Learn how your comment data is processed. The state of Alabama doesn’t require your spouse to allow grandparents to access their grandchildren. Nobody wants to be a statistic, but for many couples, getting divorced is far healthier than sticking it out with the wrong person. Alabama courts consider factors such as stability. Fortunately, Alabama divorce laws don’t make the end of your marriage more difficult than it has to be. Alabama is not one of them. With equitable distribution and thoughtful custody arrangements, you can move on to the next phase of your life quickly. Section 30-2-10 — Sixty-day restriction on remarriage of parties after grant of divorce or pending appeal of divorce. Alabama considers no-fault as grounds for divorce. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Marital and Domestic Relations § 30-2-51 on Westlaw, industry-leading online legal research system, Betting Money Is Now on Supreme Court Keeping ACA Largely Intact, House Passes Open Courts Act Targeting PACER Reform, 2021 May Bring Pro-Labor and Unionization Movement in Tech. Are you hoping for an annulment to your marriage? Some states require all spouses to split their assets 50/50 regardless of the nature of their marriage. Residency Requirements: In order to file for a divorce in Alabama, you or your spouse must meet the strict residency requirements. Nothing in this section shall be construed to require a court to divide or distribute any amount, or any percentage, of one spouse's retirement benefits to the other spouse. To learn whether you can file for an annulment, you’ll need to talk to a divorce or family lawyer like Verhaeghe Law Office. Physical custody refers to where the child lives. An abusive (or formerly abusive) parent usually will not receive custody of the children. at the time of the marriage, your spouse was impotent (which is written in the law as “physically and incurably incapacitated from entering into the marriage state”). However, parties could enter into an agreement to split retirement accounts, even if they had been married for less than 10 years. The law allows a judge to award one spouse alimony when they see fit. Before filing a for divorce, the spouse who files for the divorce must have been a resident of the state for at least 6 months. Legal custody refers to parent decisions making responsibilities. Only the filing spouse needs to live in Alabama. If so, you’ll need to present the court with a custody plan. (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. Like many other states, Alabama uses the “equal distribution” system. Divorce Law Basics in the State of Alabama. Do you have children? 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. Required fields are marked *, {{#message}}{{{message}}}{{/message}}{{^message}}Your submission failed. 100 (1890) Copyright © 2021, Thomson Reuters. 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. In the vast majority of cases, the alimony is only temporary; permanent alimony seems to be a thing of the past. Can you take care of the children full time? Alabama divorce laws are amenable to couples who want to call it quits. Alabama considers no-fault as grounds for divorce. Alabama law requires a division of marital property to be equitable, meaning that it must be fair. Child Custody Laws in Alabama. “Marital property” is … The laws that determine how property and debts are divided during divorce are different in each state. While Alabama’s no-fault divorce law allows couples to file for and receive a divorce absent a finding of wrong-doing by either party, there may be good reason to pursue a fault-based divorce when the other spouse engaged in marital misconduct.. Still, even where the spouses had been married a decade or more, the law created evidentiary barriers to dividing that pot of money. In the state of Alabama, only property or assets considered "marital property" or "community property" are subject to division in a divorce case. Under longstanding Alabama law, a divorce court could not allow one party a share of the other’s retirement account unless the couple had been married for at least 10 years. Begin typing to search, use arrow keys to navigate, use enter to select. The state of Alabama has unique divorce laws for people who wish to terminate their marriage. The only exceptions tend to be when the parent applying for custody can prove that the other parent poses a real and present danger to the child. 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. Firefox, or Subscribe to The Post & Email today. (a) If either spouse has no separate estate or if it is insufficient for the maintenance of a spouse, the judge, upon granting a divorce, at his or her discretion, may order to a spouse an allowance out of the estate of the other spouse, taking into consideration the value thereof and the condition of the spouse's family. Generally, Alabama law requires a divorce court to first determine what are the marital assets, as distinct from separate property of the parties. Around 50 percent of all American married couples get divorced at some point. Alabama requires you to live in the state for a minimum of six months before you can file. Even if your claim is true, proving it in court can be tricky and requires a court appearance. Are you mentally stable? Our office is prohibited by law from providing private citizens with legal advice, representation, or opinions (Code of Alabama, 1975, Title 36, Chapter 15). For more detailed codes research information, including annotations and citations, please visit Westlaw. The server responded with {{status_text}} (code {{status_code}}). In Alabama you must have been a resident of the state for at least 6 months before filing for divorce. The Plaintiff is required to provide the Defendant with a copy of the Complaint. Learn More{{/message}}. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. In this system, assets are divided on the principle of fairness. Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. No-Fault Divorce is Available And if you live in Alabama, you may be even more likely. Is there any history of abuse? Out of the Alabama Rules of Judicial Administration, Rule 32 is applied by the court. 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