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Alabama Divorce Law

Divorce Laws in Alabama

Alabama divorce laws have maintained traditional fault based grounds for a divorce. Grounds can include, but are not limited to, adultery, voluntary abandonment, physical abuse as well as a showing of an irretrievable breakdown of the marriage. Additionally, the spouse filing for a divorce in AL must have resided in Alabama for a continuous 6 months prior.

Alimony & Equitable Distribution in Alabama

Alabama is known as an equitable distribution state. According to the divorce laws in Alabama this means that the marital property must be divided fairly or equitably and with regard to marital fault. Separate property, or property owned prior to the marriage, shall be retained by the owning spouse.

Divorce laws in Iowa provide for temporary or permanent alimony. Alimony can be awarded to either the husband or wife based on the courts determination of what is just between the spouses. Such factors as the length of the marriage and the prior standard of living shall be considered in determining the amount and duration to be paid. Alimony will terminate upon an open cohabitation with someone other than your spouse.

Alabama Child Support, Child Custody and Child Visitation

The main focus in determining child custody, according to Alabama divorce law, is the best interest of the children. However, under AL divorce laws, joint custody will usually be awarded if it is presumed to be in the best interest of the children. Visitation rights are typically awarded to the non custodial parent.

Child support (a percentage of the non-custodial parents’ income paid to assist with the support of his children) is determined by the Income Shares model, based on the gross income of both parents as set forth by divorce law in Alabama. Expect to pay child support until the age of 18, or until the child is a high school graduate. However, the court can extend the support obligations to cover a child’s college education.