divorce360.com provides help, advice and community for people
contemplating, going through or recovering from divorce and the issues around it,
including separation, divorce laws, spousal support and emotional issues.

filing  :: filing-by-state
Print
Email

Filing for Divorce in Alabama


Filing for Divorce in Alabama


Getting a Divorce in Alabama? Divorce Law Cheat Shseet for the State of Alabama


By DIVORCE360.COM STAFF

1. What are the residency requirements for filing for divorce in Alabama?  
You can file for divorce in the county where you or your spouse lives or in the county where you lived when you separated. If your spouse is not a resident of Alabama, you have to be a resident of the state for the six months before you file for divorce.  

2. Does Alabama have a waiting period?       
The court will not grant a divorce until at least 30 days after you file in Alabama.  



3. Does the state have grounds for divorce?  
Alabama does have grounds for divorce. They include:
  • Your spouse was impotent at the time you were married and remains incurably so.
  • Your spouse has committed adultery — had an affair.
  • Your spouse moved out of your home at least a year ago.
  • Your spouse has been in jail for at least two years and is sentenced to seven years or longer.
  • Your spouse has committed “the crime against nature, whether with mankind or beast, either before or after marriage.” This could include sodomy or other sexual acts.
  • Your spouse is habitually drunk or habitually uses drugs.
  • You and your spouse testify that you are completely incompatible and cannot live together, and the court agrees.
  • Your spouse has been in a mental hospital for at least five years since you’ve been married and the superintendent of that hospital certifies that he or she is incurably insane.
  • The court finds that your marriage has broken down and that trying to reconcile is hopeless and not in your best interests.
  • Your spouse has been violent toward you or behaves in such a way that you believe you are in danger.
  • The wife was pregnant at the time of marriage without her husband’s knowledge.
  • The wife has lived independent of her husband and in a different home for at least two years and has been a resident of Alabama during that time.

You cannot be granted a divorce if the court discovers that you or your spouse committed adultery for the purpose of getting a divorce; or if you both have committed adultery; or if one of you committed adultery, the other knew about it, and you continued your married relationship.  

4. How does Alabama determine the division of property?    
You and your spouse are encouraged to come up with a settlement on your own and present it to the court. If you can’t agree, the court will divide your property for you. Alabama is an equitable distribution state, meaning any marital property is divided as fairly as possible. Not all property is considered marital property. These types of property are separate:

  • Property you acquired before you were married, as long as you kept that property separate from property you acquired while you were married.
  • Any income your separate property generated, as long as you kept that income separate from property you acquired while you were married.
  • Property you acquired via inheritance or a gift.  


In deciding how to divide your marital property, the court will consider a number of factors, including:

  • How long you were married.
  • Whether you or your spouse was married previously.
  • You and your spouse’s ages, health, incomes, skills, employability and needs.
  • Whether you or your spouse contributed to education or training that increased the other’s earning power.
  • You and your spouse’s future income-earning opportunities.
  • You and your spouse’s sources of income, including medical, retirement and insurance benefits.
  • You and your spouse’s contributions to your marriage in the home, in a career or as parents.
  • The value of you and your spouse’s individual property.
  • The standard of living you established during your marriage.
  • How you and your spouse’s taxes will be affected by any division of property.
  • Where your child will live most of the time.  

 


Page: 1 2 Last


divorce New this week::

The Truth About 'Divorce-Proofing' And 'Affair-Proofing' Your Marriage - What none of the so-called relationship/marriage experts is willing to admit

 

Divorce Survival: 5 Tips For Making It Through That First Year - Think you'll never feel normal again?

 

5 Keys to Co-Parenting Success After Divorce - It won't always be easy

 

divorce Community::
popular blogs
Can it be better post divorce?
Yes, yes it can!  How do I know this?  I'm living it.  Granted, I'm still...read more 

Scared, Sick, Trying, and Crying.......
I have been divorced for awhile now.   Lucky me!  I have moved on and I think...read more 

First day Orientation
I guess the reality is you guys are now the family that my girls and I don't...read more 

get/give answers
INTIMIDATING LAW ENFORCE HUSBAND
My STBex left our home, physically, over a year ago, after numerous...Read Answers/share yours 

Boundaries
I recently posted about how my husband's ex texts him at all hours of the day...Read Answers/share yours 

Is she cheating ?
My wife and I are seperated for a year. In that time she has left my son at...Read Answers/share yours 

expert Q&As
Faith Therapy : Does a Separation Work?
My Husband and I Are Having Trouble. Is It a Good Idea for Us to Separate?...read more 

Stress Relief: Tips to Help after Separation
Mental Health: Overwhelmed by Changes in Household Routine. What Should I do?...read more 

About Law: Do Divorce Kits Work?
Legal: What You Should Consider When You Think About Divorcing Using a Kit...read more 


expand information center
divorce360.com's ecards
ADVERTISING PARTNERS

Find divorce professionals in your area

Find lawyers
Find financial professionals
Find coaches
divorce focused content ::
divorce most popular ::
1. 8 Things No One Ever Tells You about Divorce
Number Three May Surprise You

2. Are You Reading Your Spouses Text Messages?
Stop! It May Be Illegal & May Hurt Your Case

3. Eager To Check Those Texts?
Think your Spouse is Cheating? Professionals Can Check Text Messages

4. Could They Be Cheating?
11 Signs You Can Look Out For Today

5. Why Do Spouses Cheat?
Infidelity: Experts Say Men Want Sex, Women Want Emotional Support