Alabama Divorce Laws and Professionals
The following information is a resource on divorce for the State of Alabama. You can find divorce laws, divorce forms, lawyers, and support services. In addition to the resources listed below, you can find more help and information in our divorce article section.
ProfessionalsDivorce LawyersCounseling Private Investigators Background Checks Divorce SupportSupport GroupsDomestic ViolenceShelters and Hotlines |
Divorce PapersDivorce & Separation FormsOnline Divorce Divorce Form Preparation Family Law ResourcesDivorce LawsAlabama Child Support Guidelines (PDF) Child Support Calculator (PDF) Child Support Enforcement |
* Listings in the Resource and Professional Directory does not imply an endorsement by this website. WomansDivorce.com makes no warranty and assumes no legal liability for any service or provider listed below. If you provide a divorce related service and are interested in being listed in this directory, click here.
DIVORCE LAWYERS AND FIRMS » Return to top
The Rose Law Firm, LLC
205 20th Street North, Suite 719
Birmingham, AL 35203
Counties Served: Jefferson, Shelby, St. Clair, Montgomery
Phone: 205-323-1124
Fax: 205-323-1126
Website: http://www.theroselawfirmllc.com
Email:
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DIVORCE FORM PREPARATION » Return to top
Have All of Your Documents Completed For You! This easy to use, accurate, and up-to-date on-line divorce service is a perfect "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of Alabama. You can get "Real Person" customer support by phone & e-mail, plus access to 40 downloadable books (valued at over $750). Start your divorce form preparation today.
COUNSELING » Return to top
Joan Leary Counseling, LPC
402 Office Park Drive, Suite 250
Birmingham, AL 35223
Counties Served: Jefferson and Shelby
Phone: 205-529-5565
PRIVATE INVESTIGATORS » Return to top
There are currently no private investigators for this state
BACKGROUND CHECKS » Return to top
Conduct Background Checks and Investigations - Obtain vital statistics, marriage and divorce records, credit record checks, criminal and court records, sex offender searches, driving and vehicle records, property records, general public records, business registration and property resources. Find out the truth about anyone!
DIVORCE SUPPORT GROUPS» Return to top
Divorce Care can help you locate a divorce support group in your area. There are thousands of DivorceCare support groups throughout the USA and Canada, and many groups meeting internationally as well.
Partners in Prevention provides consulting and psychological services to
domestic abuse survivors before, during and post divorce. Additionally, we serve
as consulting experts in both civil and criminal domestic violence cases. We
also offer continuing medical and nursing education in domestic abuse assessment
and clinical management to healthcare professionals. You can contact us at:
13918 E. Mississippi Ave
Aurora, CO 80012
Phone: 720-222-1058
DOMESTIC VIOLENCE RESOURCES» Return to top
Coalition Against Domestic Violence
Domestic Violence Shelters
Domestic Violence Crises and Support Services
DIVORCE LAW » Return to top
Legal Aspects of Divorce from the Alabama Bar Association (PDF)
RESIDENCY REQUIREMENTS: To file for a divorce in Alabama, one party must be a bona fide resident (which must be alleged in the complaint and proven) of the state for six months before the filing of the complaint. [Based on Alabama State Divorce Code - Chapter 2, Section 30-2-5]
LEGAL GROUNDS FOR DIVORCE: A divorce may be granted based on the following causes:
- If, at the time of the marriage, either party was physically and incurably incapacitated from entering into the marriage state.
- For adultery.
- For voluntary abandonment from bed and board for one year prior to the filing of the complaint.
- Imprisonment in the penitentiary of this or any other state for two years, with the sentence being for seven years or longer.
- The commission of the crime against nature, whether with mankind or beast, either before or after marriage.
- Addiction to alcohol or drugs after the marriage.
- Incompatibility.
- Confinement in a mental hospital for a period of five successive years, if such party is hopelessly and incurably insane at the time of the filing of the complaint;
- An irretrievable breakdown of the marriage where further attempts at reconciliation are impractical or futile and not in the best interests of the parties or family.
- In favor of the husband, when the wife was pregnant at the time of marriage, without his knowledge or agency.
- In favor of either party to the marriage in cases of domestic violence or reasonable apprehension of such violence.
- In favor of the wife when the wife has lived separate and apart from the bed and board of the husband
for two years and without support from him for two years next
preceding the filing of the complaint, and she has bona fide
resided in this state during said period. [Based on Alabama
State Divorce Code - Chapter 2, Section 30-2-1]
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LEGAL SEPARATION: Alabama recognizes legal separation, and shall enter a decree of legal separation if all of the following requirements are satisfied: (1) The court determines that the jurisdictional requirements for the dissolution of a marriage have been met. (2) The court determines the marriage is irretrievably broken or there exists a complete incompatibility of temperament or one or both of the parties desires to live separate and apart. (3) To the extent that it has jurisdiction to do so, the court has considered, approved, or provided for child custody, and has entered an order for child support in compliance with Rule 32 of the Alabama Rules of Judicial Administration. A decree of legal separation does not terminate the marital status of the parties. [Based on Alabama State Divorce Code - Chapter 2, Section 30-2-40]
PROPERTY DIVISION: Alabama is an equitable distribution state, meaning that if the parties can't agree, the property will be distributed in an equitable fashion, not necessarily equally. All property of the wife, held by her previous to the marriage or to which she may become entitled after the marriage in any manner, is the separate property of the wife and is not subject to the liabilities of the husband. All property of the wife, whether acquired by descent or inheritance, or gift, devise or bequest, or by contract or conveyance, or by gift from or contract with the husband, is the separate property of the wife within the meaning of, and is subject to all the provisions of, this chapter, saving and excepting only such property as may be conveyed to an active trustee for her benefit. [Based on Alabama State Divorce Code - Chapter 4, Section 30-4-1, and 30-4-5]
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ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: The awarding of alimony is
determined by the need of one spouse requesting alimony and the ability of the
other spouse to pay. If fault is a factor in the divorce, the judge has the right to make an allowance to either spouse out of the
estate of either spouse, or not make an allowance as the circumstances of the
case may justify. However, any
property acquired prior to the marriage of the parties or by inheritance or gift
may not be considered in determining the amount of alimony. [Based on AL
State Divorce Code - Chapter 2, Section 30-2-52, 30-2-53]
SPOUSE'S NAME: Upon request, the wife may resume the use of her maiden name or any previous surname. Upon application of any interested party, the divorced wife may be enjoined from the use of the given name or initials of the divorced husband. [Based on Alabama State Divorce Code - Chapter 2, Section 30-2-11]
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CHILD CUSTODY: Alabama strives to assure that minor
children have frequent and continuing contact with parents who have shown the
ability to act in the best interest of their children and to encourage parents
to share in the rights and responsibilities of rearing their children after the
parents have separated or dissolved their marriage. The court shall in every case
consider joint custody but may award any form of custody which is determined to
be in the best interest of the child. Joint custody does not
necessarily mean equal physical custody. In determining whether joint custody is in
the best interest of the child, the court shall consider the same factors
considered in awarding sole legal and physical custody and all of the following
factors: (1) The agreement or lack of agreement of the parents on joint
custody. (2) The past and present ability of the parents to cooperate with each
other and make decisions jointly. (3) The ability of the parents to encourage
the sharing of love, affection, and contact between the child and the other
parent. (4) Any history of or potential for child abuse, spouse abuse, or
kidnapping. (5) The geographic proximity of the parents to each other as this
relates to the practical considerations of joint physical custody. [Based
on Alabama State Divorce Code - Chapter 3, Section 30-3-150, 30-3-152]
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CHILD SUPPORT: Child support is determined using the Income Shares
model, with the theory that children should continue to receive that same amount
of support as if the parents were still together. In making a determination of child support, the court
shall apply Rule 32 of the Alabama Rules of Judicial Administration. (This is a PDF file) [Based
on Alabama State Divorce Code - Chapter 3, Section 30-3-155]
