Alabama Divorce

Alabama divorce laws allow spouses to end their marriages when there is no hope for reconciliation. The divorce laws also help couples deal with difficult but important issues such as division of property, spousal support, child custody, and child support.

Residency Requirement

Before filing for an Alabama divorce, at least one spouse must live in Alabama for six months. There is also a 30 day waiting period before any divorce is finalized. This waiting period is designed to keep couples from rushing into a divorce. Instead, the waiting period gives the couple a chance to reconcile whenever possible.

Beginning Your Alabama Divorce Case

In Alabama, the following steps must be taken to file for divorce:

1. The petitioning spouse must file a summons and "petition" for divorce at the local county courthouse.
2. This petition must then be served on the responding spouse. Usually, the sheriff or constable in the county you live in will serve the responding spouse. You may also hire a private process server to serve the petition on your spouse.
3. The responding spouse has 20 days to reply to the petition for divorce. This document is called the Answer. It is the responding spouse’s chance to tell his/her side of the story and request whatever property division or support he/she wants.
4. If the responding spouse fails to respond to the petition, then the court will issue a “default” and give the filing spouse everything requested in the petition. At this point, the court will not consider any objections from the responding spouse. After the summons and petition is filed with the court and served upon the other spouse, the judge will consider all documents and evidence submitted. Once the judge reaches a decision, he/she will sign the “Decree of Dissolution of Marriage” formally ending the marriage and the divorce proceedings.

Dividing the Property

In any Alabama divorce, all property and debts must be distributed. If the couple can reach an agreement, they must submit that agreement in writing to the court. The court must then approve the settlement agreement. If the couple cannot reach an agreement as to how the property should be divided, the court will divide the property. Alabama divorce laws provide for an equitable distribution of all property during the marriage.

Alimony

In Alabama, the court may award spousal support to either spouse. A spouse seeking spousal support must specifically request it in the divorce papers. An award of alimony will be considered when the judge divides the marital property or awards child support. The court will also consider:

• The duration of the marriage (If the couple has been married for a short time, the court may be reluctant to award spousal support.)
• The finances of the spouse requesting support
• The earning capacity of each spouse (If one spouse is graduating from college, the court will consider that his/her earning potential will likely increase in the coming years.)
• The standard of living enjoyed by each spouse during the marriage
• The time needed to gain an education or training to help the spouse requesting support to find a job
• The age and health of the spouse requesting support, as well as the age and health of the spouse who would be required to pay support

Taking Care of the Children

In any divorce, it is important for the court to carefully consider the best interests of any children. The Alabama divorce court makes certain to provide for the financial needs of the children as well as their educational and emotional needs. The court will even issue a temporary order providing for child custody and support.

Child Custody

In any Alabama divorce case involving minor children, the court will determine which parent will have primary physical custody of the children. In determining child custody, the court will consider:

• The wishes of the parents
• The wishes of the child if the child is of sufficient age to appreciate the situation
• The child’s relationship with siblings and extended family
• The educational needs of the child
• The mental and physical health of the child

Child Support

Under Alabama law, each parent has an obligation to provide financial support for his/her minor children. The court will base the child support order on the Alabama Child Support Worksheet. The Alabama divorce court considers the following factors in determining the amount of any child support payments:

• Gross monthly income of the parents
• The cost of day care
• The cost of health insurance
• The cost of providing support to others, including parents or minor children who are not the product of the marriage

• Community Property with Right of Survivorship
• Divorce Equitable Distribution
• Division of Marital Property

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