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Alabama Divorce Laws - FindLaw
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How Do I File for Divorce in Alabama
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Freelance Writer and Author. Residency and Where to File If you and your spouse currently live in Alabama, there is no residency time period. Procedures The most simple procedure is for an uncontested divorce.
Grounds for Divorce Grounds for divorce are legally recognized reasons to get a divorce. Property Division A divorce involves dividing property and debts between you and your spouse. Alimony in Alabama Alimony is only awarded if the party seeking it does not have sufficient property or income to be self-supporting. When the defendant is a nonresident, the other party to the marriage must have been a resident of this state of Alabama for six months before the filing of the complaint for divorce.
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. The divorce is typically filed with in county in which the filing spouse lives. Code of Alabama - Title 30 - Chapters: and No-Fault Grounds: Most uncontested divorce cases are filed according to a "no-fault" ground.
We are using the term "no-fault" in a generic fashion by labeling all grounds that do not actually declare a "fault" as "no-fault". In the state of Alabama the "no-fault" grounds are as follows:. Filing Party Name: The Plaintiff. This is the spouse who is recognized as the initiator of the divorce and is the one who actually files the Complaint for Divorce with the county court.
This spouse plays a lesser role in an uncontested divorce versus a contested divorce. All divorce cases in the state of Alabama are facilitated through this court for that particular county. Clerk's Name: All correspondence with an Alabama clerk of the court should formally address him or her as follows: County Clerk's Office of the Circuit Court. Property and Debt Division: Alabama is considered an "equitable distribution" state.
If you and your spouse are unable to come to an agreement on how the marital property will be divided, the court shall use a three step process. First, it will determine what property is marital. Second, it will put a value on the marital property. Third, it will divide the marital property in an equitable fashion, which is not necessarily equal, but rather what is considered to be fair. When the spouses do not agree to how their property is to be distributed, the court will do so in an equitable fashion.
The court will determine what property is marital and after putting a value on this property, it will distribute a portion to each spouse. The court does not have the right to distribute any separate property that was obtained before or during the marriage.
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The separate property is, but not limited to gifts and inheritances, unless these gifts and inheritances have been used to benefit both spouses as a married couple. Marital misconduct may be a consideration by the court when distributing the property. Code of Alabama - Title