Alabama Divorce Laws

Divorce in Alabama

Requirements: One spouse must have resided in Alabama for at least six months immediately preceding filing. On the condition that the residency requirement has been met by one spouse, either the resident or non-resident may file in Alabama.

Grounds:

Adultery
Abandonment
Three years of confinement for incurable insanity.
Felony conviction accompanied by a sentence of imprisonment exceeding one year.
Cruel and inhuman treatment
Living without cohabitation for at least three years
Irreconcilable differences - hopeless inability to resolve conflict and discord.

Waiting Period: A minimum 60-day waiting period after filing exists before a divorce can be granted.

Fees: Please check with your local courthouse for exact amount as this fee varies from county to county.

Property Division: Alabama is a community property state. However, a 50-50 division of marital property is not required by Alabama law.It is common for cases involving children to have an unequal division of property. Separate property is not subject to division. Any property possessed by either spouse during the marriage is presumed to be community property unless it can be shown that the property is actually separate property.

Marital Debts: A fair and equitable distribution of the "martial debt" will go hand in hand with the martial property.

Alimony: In Alabama, alimony is called maintenance. In most cases benefits are limited to three years as it is designed as a temporary rehabilitative measure. It is only awarded in two limited scenarios. A spouse who has been married for a minimum of 10 years and cannot support themselves may qualify for maintenance. Another situation would include family violence in which a spouse is convicted during the filing.

Custody: Alabama law assumes that awarding joint custody is in the best interest of the child. The decree of the court defines the rights and obligations of each parent. Living arrangements are often designated to the person that has been the primary caretaker of the child.

Child Support: The guidelines for which child support are calculated are designed for situations in which the obligor nets $6000 per month or less. The guidelines are as follows (percentages are of obligors net income):

1 child	20%
2 children	25%
3 children	30%
4 children	35%
5 children	40%
6 children	Not less than 40%