Is there any history of abuse? Alabama law permits two kinds of divorces: no-fault and fault-based. Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. Out of the Alabama Rules of Judicial Administration, Rule 32 is applied by the court. The server responded with {{status_text}} (code {{status_code}}). As of January 1, 2018, the 10-year requirement has been eliminated, giving courts greater discretion over apportionment of retirement accounts. Are you looking for more great content? Alabama law states that the court may give custody to either the father or mother as the court deems right and proper after consideration of the moral character and prudence of the parents, as well as the age and sex of the children. Finally, keep in mind that Alabama also recognizes the child’s own wishes. Your ex can live elsewhere. Alabama.gov is one of the best government sites in the nation. Alabama law states that alimony will be terminated if an individual either lives openly or cohabits with another individual. If only the person filing for the divorce (the plaintiff) is a resident of Alabama and the other spouse (the defendant) lives in another state, the plaintiff must have been a resident of Alabama for at least 6 months immediately before filing for the divorce; or (Information for divorces prior to 1950 must be obtained from the circuit court in the county where the divorce was granted.) Alabama is not one of them. If so, you’ll need to present the court with a custody plan. 100 (1890) Divorce is never easy, but it’s not uncommon. Around 50 percent of all American married couples get divorced at some point. Unless the parties agree otherwise, and except as otherwise provided by federal or state law, the marital estate includes any interest, whether vested or unvested, either spouse has acquired, received, accumulated, or earned during the marriage in any and all individual, joint, or group retirement benefits including, but not limited to, any retirement plans, retirement accounts, pensions, profit-sharing plans, savings plans, annuities, or other similar benefit plans from any kind of employment, including, but not limited to, self employment, public or private employment, and military employment. Before filing a for divorce, the spouse who files for the divorce must have been a resident of the state for at least 6 months. Section 30-2-10 — Sixty-day restriction on remarriage of parties after grant of divorce or pending appeal of divorce. If you’re based in Alabama, here are 8 things you need to know about Alabama divorce laws. Additionally, winning sole custody doesn’t mean that your ex-spouse doesn’t have rights. Alabama requires a 30-day waiting period after filing the Complaint before the divorce may become effective. Legal custody refers to parent decisions making responsibilities. In those cases, a judge may prohibit contact or limit contact to supervised visits. Code of Alabama and Constitution Welcome to FindLaw's hosted version of the Code of Alabama. Do you know how the law will impact the end of your relationship? Nobody wants to be a statistic, but for many couples, getting divorced is far healthier than sticking it out with the wrong person. We are providing this Alabama divorce information as a reference guide to help you through the process. A fault divorce is available, and you can choose this option if your spouse: Keep in mind that you need to provide evidence for a fault-based divorce. (d) Any passive increase or decrease in the value of retirement benefits from the effective date of the award to the date of distribution shall accrue to, or be borne by, the parties on a pro rata basis. Along with an “irretrievable breakdown” of the marriage, the standard grounds for divorce in Alabama include adultery, cruelty, incurable insanity, and “the commission of the crime against nature, whether with mankind or beast, either before or after marriage.” Divorce is a legal order by court which put an end to a marriage. These will all inform the acceptance of a contested custody plan. Alabama considers no-fault as grounds for divorce. Notwithstanding the foregoing, a court may not enter any order modifying the terms of any retirement benefits or enlarging the benefits payable under the terms of a retirement plan. Awards. The law allows a judge to award one spouse alimony when they see fit. 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