Alabama Divorce online - Divorce forms - Divorce papers - No-fault divorce form - Do it yourself divorce - Uncontected divorce - Divorce law

Requirements for Alabama Divorce

RESIDENCY REQUIREMENTS:

GROUNDS FOR DIVORCE:

• Irretrievable breakdown of the marriage;
• Complete incompatibility of temperament;
• Being separated for more than two years

• Adultery;
• Incurable incapacitation of one of the parties at the time the marriage was entered;
• Voluntary abandonment for one year preceding the filing the complaint for divorce;
• Imprisonment for at least two years;
• Commission of the crime against nature;
• Drug addiction and habitual drunkenness;
• Complete incompatibility of temperament;
• Incurable insanity;
• An irretrievable breakdown of the marriage;
• Wife’s pregnancy at the time of marriage, without husband’s knowledge or agency;
• Living separate and apart from the bed and board for two years; (AL Code, Section 30-2-1)
• Being separated for more than two years (divorce from bed and board) (Section 30-2-2)

WHERE COMPLAINT TO BE FILED:

WAITING PERIOD PRIOR TO ISSUANCE OF FINAL JUDGMENT OF DIVORCE:

A court shall not enter a final judgment of divorce until after the expiration of 30 days from the date of the filing of the summons and complaint.

CHILD CUSTODY:

Upon granting a divorce, the court may give the custody and education of the children of the marriage to either parent, 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 (Section 30-3-1)
 
Joint Custody. It is the policy of the state of Alabama 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.(Section 30-3-150)

LEGAL SEPARATION:

If a party files a complaint for a decree of legal separation rather than a decree of dissolution of marriage, the court may grant the legal separation. The terms of a legal separation can be modified or dissolved only by written consent of both parties and ratification by the court or by court order upon proof of a material change of circumstances. A proceeding or judgment for legal separation shall not bar either party from later instituting an action for dissolution of the marriage. (ALABAMA Code, Section 30-2-40). The grounds for separation are the same as for a divorce.
 
* Related Uncontested Divorce Facts
* Related Uncontested Divorce News