|
Courts and Community Resources
Lawyers and Divorce
Mediation
Glossary of Family Law
Terms
State of Alabama Judicial
System
Alabama State Bar Association
Alabama Family Law Center
operated by Lee Borden
the creator of the excellent resource web site known as
DivorceInfo. [This is not our
website. Our web site address is:
http://www.divorcelawinfo.com].
State Law Library
Alabama
Legal Help - this web site has information on various family law topics,
including divorce law, child custody, child support, etc.
State Statutory
Resources
Code of Alabama - TITLE 30, MARITAL
AND DOMESTIC RELATIONS
Divorce Law
Code of Alabama, Section 30-2-1
Grounds; jurisdiction for proceedings; divorce judgment awarded to both
parties.
(a) The circuit court has power to
divorce persons from the bonds of matrimony, upon a complaint filed by one
of the parties, entitled "In re the marriage of _____ and _____," for the
causes following:
(1) In favor of either party, when the other was, at the time of the
marriage physically and incurably incapacitated from entering into the
marriage state.
(2) For adultery.
(3) For voluntary abandonment from bed and board for one year next preceding
the filing of the complaint.
(4) Imprisonment in the penitentiary of this or any other state for two
years, the sentence being for seven years or longer.
(5) The commission of the crime against nature, whether with mankind or
beast, either before or after marriage.
(6) For becoming addicted after marriage to habitual drunkenness or to
habitual use of opium, morphine, cocaine or other like drug.
(7) Upon application of either the husband or wife, when the court is
satisfied from all the testimony in the case that there exists such a
complete incompatibility of temperament that the parties can no longer live
together.
(8) In favor of either party, when the other, after marriage, shall have
been confined in a mental hospital for a period of five successive years, if
such party from whom a divorce is sought is hopelessly and incurably insane
at the time of the filing of the complaint; provided, however, that the
superintendent of the mental hospital in which such person is confined shall
make a certified statement, under oath, that it is his opinion and belief,
after a complete and full study and examination of such person, that such
person is hopelessly and incurably insane.
(9) Upon application of either party, when the court finds there has been an
irretrievable breakdown of the marriage and that further attempts at
reconciliation are impractical or futile and not in the best interests of
the parties or family.
(10) In favor of the husband, when the wife was pregnant at the time of
marriage, without his knowledge or agency.
(11) In favor of either party to the marriage when the other has committed
actual violence on his or her person, attended with danger to life or
health, or when from his or her conduct there is reasonable apprehension of
such violence.
(12) In favor of the wife when the wife has lived, or shall have 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.
(b) When a judgment of divorce is entered, in effect, it is awarded to both
parties to the marriage.
(Code 1852, §§1961-1963; Code 1867, §§2351-2353; Code 1876, §§2685-2687;
Code 1886, §§2322-2324; Code 1896, §§1485-1487; Code 1907, §§3793-3795; Acts
1919, No. 584, p. 839; Acts 1919, No. 631, p. 878; Code 1923, §§7407-7409;
Acts 1932, Ex. Sess., No. 41, p. 52; Acts 1933, Ex. Sess., No. 153, p. 142;
Acts 1936-37, Ex. Sess., No. 211, p. 247; Code 1940, T. 34, §§20-22; Acts
1943, No. 463, p. 425; Acts 1947, No. 487, p. 336; Acts 1971, No. 222, p.
517; Acts 1971, No. 2272, p. 3662, §§1, 2.)
Code of Alabama, Section 30-2-4
Where complaint to be filed.
Complaints for divorce may be filed in the circuit court of the county in
which the defendant resides, or in the circuit court of the county in which
the parties resided when the separation occurred, or if the defendant is a
nonresident, then in the circuit court of the county in which the other
party to the marriage resides.
(Code
1852, §1968; Code 1867, §2358; Code 1876, §2692; Code 1886, §2329; Code
1896, §1493; Code 1907, §3801; Code 1923, §7415; Code 1940, T. 34, §28.)
Code of Alabama, Section 30-2-5
Residency requirement for plaintiff when
defendant nonresident.
When the defendant is a nonresident, the other party to the marriage must
have been a bona fide resident of this state for six months next before the
filing of the complaint, which must be alleged in the complaint and proved.
(Code 1852, §1969;
Code 1867, §2359; Code 1876, §2693; Code 1886, §2330; Code 1896, §1494; Code
1907, §3802; Code 1923, §7416; Code 1940, T. 34, §29; Acts 1945, No. 457, p.
691; Acts 1971, No. 2280, p. 3687.)
...For more information, please review the Code of Alabama, Title 30,
Marital and Domestic Relations
Marriage and
Living Together Law
Alabama
Marriage License Laws
|
Child Support
Alabama Child Support
Guidelines
Alabama
Interactive Child Support Calculator - provided by AllLaw.com
Child
Support Explained
Child
Support: A Guide to Services in Alabama - .PDF booklet
Applying for Child
Support Services - by AL Department of Human Resources
Child Support
Enforcement Steps - by Office of Child Support Enforcement
Child Support
Enforcement Abroad - by U.S. Department of State
...For more information, please review the Code of Alabama, Title 30,
Marital and Domestic Relations
Child Custody
and Visitation Law
Code of Alabama, Section 30-3-1
Custody and education of children upon grant of divorce; custody of children
where wife abandons husband.
Upon granting a divorce, the court
may give the custody and education of the children of the marriage to either
father or mother, as may seem right and proper, having regard to the moral
character and prudence of the parents and the age and sex of the children;
and pending the action, may make such orders in respect to the custody of
the children as their safety and well-being may require. But in cases of
abandonment of the husband by the wife, he shall have the custody of the
children after they are seven years of age, if he is a suitable person to
have such charge.
(Code
1852, §1977; Code 1867, §2367; Code 1876, §2701; Code 1886, §2338; Code
1896, §1501; Code 1907, §3808; Code 1923, §7422; Code 1940, T. 34, §35.)
Code of Alabama, Section 30-3-2
Custody and education of children upon voluntary separation of husband and
wife.
(a) In all cases of voluntary separation of husband and wife, the circuit
court has power, on the motion of either party, 20 days' notice thereof
being given to the other, to permit either the father or mother to have the
custody and control of the children and to superintend and direct their
education, having regard to the prudence, ability and fitness of the
parents, and the age and sex of the children.
(b) Upon the hearing of the motion, witnesses may be examined orally or
testimony may be taken as in other civil actions. While the application is
pending, the court may direct an injunction or make any order that the
safety and well-being of the wife or children may require.
(Code 1852,
§§2006, 2007; Code 1867, §§2397, 2398; Code 1876, §§2746, 2747; Code 1886,
§§2368, 2369; Code 1896, §§2536, 2537; Code 1907, §§4503, 4504; Code 1923,
§§8278, 8279; Code 1940, T. 34, §§79, 80.)
Code of Alabama, Section
30-3-150
State policy.
Joint Custody. - It is the policy of this
state 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. Joint custody does not necessarily mean equal
physical custody.
Property
Division
Code of Alabama, Section
30-4-1
Separate property of wife - Property held prior to marriage or acquired
after marriage.
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.
(Code
1886, §2341; Code 1896, §2520; Code 1907, §4486; Code 1923, §8261; Code
1940, T. 34, §65.)
Code of Alabama, Section 30-4-2
Separate property of wife - Earnings of wife.
The earnings of the wife are her separate property, but she is not entitled
to compensation for services rendered to or for the husband or to or for the
family.
(Code
1886, §2342; Code 1896, §2521; Code 1907, §4487; Code 1923, §8262; Code
1940, T. 34, §66.)
...For more information, please review the Code of Alabama, Title 30,
Marital and Domestic Relations
|
