Alabama Divorce Laws - By: Arron Hardin

Before we get cracking, a few words ought to be said about residency requirements for filing a divorce in Alabama. One of the spouses needs to have been living in the state for at the least six months previous to your filing of the divorce. Don't overlook this - if you happen to can't prove it using documentary evidence the court may choose not to hear your case.

Birmingham, al Grounds for Divorce

Alabama divorce laws recognizes numerous grounds upon which a divorce can be filed. Three of these include what are known as No Fault grounds, in which neither party has committed a serious breach of the marital bond but the marriage is clearly further than repair.

This No Fault grounds within Alabama include incompatibility, voluntary abandonment and irretrievable break down. Incompatibility is simply a recognition that natural personalities of the spouses help it become impossible for the marriage to work in the long term. Voluntary abandonment means one spouse has left your residence ("bed and board" in the Alabama law) with the other for a amount of one year leading up to the filing of divorce case proceedings. Irretrievable breakdown means your marriage has reached the effort of being non-functional together with can't be repaired by way of mediation or counselling.

There are also the grounds for divorce based on the fault of a wife or husband. Fault grounds in Alabama include standard grounds including adultery and addiction to help alcohol or narcotics. You can also file for divorce but if the spouse has committed precisely what Alabama law classifies as a "crime against nature, " either before or following your marriage vows were taken. Other grounds include:

One spouse being confined to your mental hospital for five or higher years (this requires a statement from the emotional hospital superintendent confirming that the spouse is incurable)Domestic violence or worries of the possibility of this. A case in which the wife was pregnant using another man's child at the time of marriage without the husband's know-how. Imprisonment of a spouse in any state for two years prior to the filing, with the total sentence being a lot more than seven years, and if the spouse has lived separate from the husband in Alabama for several years.

Asset Division

Alabama applies this principle of equitable distribution to divorce cases, which means the marital property is going to be divided up in what the court decides can be a fair way between the spouses based on several factors. Separate property of each one spouse, from either during or prior to the marriage, cannot be divided with the court. Factors determining the division of marital property include aspects which include income level and the personal property of each spouse.

Child custody

In child custody of the children divorce laws Alabama is the same as all other states around the country, child custody is determined consistent with what the court sees as perfect outcome for the infant and children, resulting in the least emotional impact after that divorce. The law does stipulate that if the grounds for divorce is abandonment of the husband by the girl, custody will revert to the husband when children reach age seven, provided he can be a fit parent in the eyes of the court.

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