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Conozca la Ley: Alabama

ACTUALIZADA 4 de enero, 2017

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Below you will find state-specific information about divorce in Alabama.

arribaWhat are the residency requirements to file for divorce in Alabama?

The residency requirements deal with how long each spouse must live in the state of Alabama in order to file for divorce in Alabama.  As you can see below, the amount of time that you or your spouse has to live in Alabama before filing for a divorce will depend on whether or not one or both of the spouses live in Alabama:

  • If both spouses are residents of Alabama, a divorce can be filed at any time;
  • 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
  • If only the defendant is a resident of Alabama but the person filing for divorce (the plaintiff) lives in another state, a divorce can be filed at any time.*

* Ala. Code 1975 § 30-2-5; see AlabamaLegalHelp.org

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arribaWhat are the grounds for divorce in Alabama?

Grounds are legally acceptable reasons for a divorce.  A divorce in Alabama may be granted for any of the following reasons:

  1. adultery (your spouse cheats on you);
  2. your spouse has abandoned you for a period of at least one year immediately before filing for divorce;
  3. your spouse is imprisoned for two years, when the sentence is seven years or longer;
  4. your spouse has committed a “crime against nature, whether with mankind or beast,” either before or after getting married;
  5. your spouse becomes addicted to  alcohol, opium, morphine, cocaine, or a similar drug after getting married;
  6. the judge determines, from the testimony, that you and your spouse are completely incompatible and can no longer live together;
  7. your spouse has been confined to a mental hospital for  five years in a row and, according to the director of the mental hospital, s/he is incurably insane;
  8. there has been a complete breakdown of the marriage and reconciliation is impractical or pointless and not in the best interest of the spouses or the children;
  9. the husband files for divorce because he did not know that the wife was pregnant at the time of the marriage and he is not the father of the child;
  10. your spouse has committed an act of violence that threatens your life or health or when his/her conduct creates a reasonable fear of such violence;
  11. when the wife has lived separate and apart from the husband without any financial support for a period of two years before filing for divorce and the wife has resided in Alabama during that time;* or  
  12. 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”).**

* Ala. Code 1975 § 30-2-1
** Ala. Code 1975 § 30-2-1(a)(1); see Anonymous, 89 Ala. 291, 7 So. 100 (1890)

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arribaCan I get temporary alimony while the divorce is pending?

The judge can award temporary alimony (spousal support) during the divorce proceedings.  The judge may consider the following factors:

  1. the financial situation of you and your spouse;
  2. the standard of living that was established during the marriage;*
  3. the earning ability of each spouse;
  4. the probable future prospects (possibilities for success, advancement, etc.);
  5. the age, sex and station in life (social position) of each spouse;
  6. length of the marriage; and
  7. conduct of the parties as it relates to the cause for the divorce.**

This temporary alimony could be ordered during the time that it takes to finalize the divorce.*

* Ala. Code 1975 § 30-2-50
** See Chancellor v. Chancellor, 288 So. 2d 794 (1974)

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arribaCan I get alimony once the divorce is finalized?

Alimony is financial support paid by one spouse to another.  Depending on various factors, alimony can be granted once the divorce is finalized.*  The alimony can be payable in one lump sum, by installments, or by a combination of the two.**  The judge will consider different factors depending on the type of payments to be order, but in general s/he will consider:

  1. the length of the marriage;
  2. the age, health and station in life (social position) of each spouse;
  3. each spouse’s future prospects (possibilities for success, advancement, etc.);
  4. the source, value, and type of property owned by each spouse;
  5. the standard of living during the marriage and potential to maintain that standard; and
  6. the fault of the spouses related to the cause for the divorce (when appropriate).***

Alimony will be terminated once the spouse who receives alimony has remarried or it can be proven that s/he is openly cohabitating with a person of the opposite sex.****

* See generally Ala. Code §§ 30-2-51, 30-2-52
** See, for example, Madden v. Madden, 399 So.2d 304 (1981)
*** See Currie v. Currie, 550 So.2d 423, 425 (Ala.Civ.App.1989)
**** Ala. Code 1975 § 30-2-55

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arribaWhere can I find more information about divorce in Alabama?

The Alabama State Bar provides the following resources:

  • information about the "legal aspects of divorce," including information on property settlement; and
  • court forms that you may need if you wish to file for divorce.

WomensLaw.org is unrelated to the above organization and cannot vouch for the accuracy of the information on their site.  We provide these links for your information only.

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arribaWhat are the basic steps for filing for divorce?

While divorce laws vary by state, here are the basic steps:

  • First, you must meet the residency requirements of the state in which you wish to file.
  • Second, you must have “grounds” (a legally acceptable reason) to end your marriage.
  • Third, you must file divorce papers and have copies sent to your spouse.
  • Fourth, if your spouse disagrees with anything in the divorce papers, he will then have the opportunity to file papers telling his side. This is called “contesting the divorce.” In this case, you will have to attend a series of court appearances to sort the issues out. If your spouse does not disagree with anything, he should sign the papers and send them back to you and/or the court. This is called an “uncontested divorce.” If a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway. You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce.
  • Fifth, if there is property that you need divided, or if you need financial support from your spouse, you will have to work that out in an out-of-court settlement, or in a series of court hearings. Custody may also be decided as part of your divorce.

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