Divorce papers in Alabama — filing for divorce in AL

Online divorce in Alabama

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How to get divorce in Alabama

The information below will help understand more about the divorce in Alabama.

The common steps of how to get divorce in Alabama:

1

If the interested party want to divorce in Alabama, he or she need to prepare the divorce forms.

2

The spouses have to be a legal residents of Alabama in order to file for divorce in one of the courts in the state.

3

The interested person have to be legally married in Alabama.

4

The interested party can file for a fault divorce and for no-fault divorce as well.

5

Once the interested prty have filled out all the necessary documents, he or she can file them to the court in your county.

6

The spouses need to fill out your Alabama divorce documents.

 

Residency:

In order to file for divorce in Alabama, the spouses must be residents of the state. The interested parties need to live in Alabama for at least 180 days (6 months) before filing the petition for divorce.

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Valid grounds to get divorce in Alabama

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The interested parties can file for divorce in Alabama both for fault and no-fault reasons.
According to Alabama Code, no-fault grounds for divorce are "incompatibility of temperament" and "irretrievable breakdown." No-fault grounds mean that neither spouse has to prove the other's misconduct. One of the spouses just needs to testify that the parties just can't get along anymore and the reconciliation is not in the best interests of the family.

Here is the list of the fault-based grounds for divorce:

#1

Adultery (sexual intercourse with another partner);

#2

Impotence (one spouse can not have sexual relationships because of physical disability);

#3

Abandonment (for one year next preceding the filing of the complaint);

#4

Irretrievably broken relationships;

#5

Domestic violence;

#6

If the spouses do not live together for 2 years or more next preceding the filing of the complaint, given that the wife didn't receive any support from the husband and she resided in Alabama during this period;

#7

Habitual drunkenness or habitual drug use;

#8

When a wife was pregnant at the time of the marriage without the husband's knowledge;

#9

If a spouse is in prison for at least 2 years with a sentence minimum 7 years;

#10

Incompatibility prohibiting the spouse from living together;

#11

Insanity which is incurable at the time of filing for divorce);

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Annulment of the marriage in Alabama

It's allowed to file for annulment in Alabama if the marriage meets one of the certain conditions:

  • at least one of the spouses is underage (under 16 years);
  • fraud marriage - the spouse lied about something very important like his/her identity, financial issues, pregnancy, diseases, etc;
  • either spouse did not have the mental capacity to agree at the time the marriage occurred;
  • the partner was legally married to someone else when he/she entered the marriage with the interested person;
  • either spouse agreed to the marriage under duress (but the Petitioner should file for annulment in this case no later than 1 year after the wedding ceremony);
  • the marriage is incestuous (with brother, sister, father, mother, aunt, uncle, grandmother, grandfather, etc. Marrying adopted brothers and sisters is also prohibited as they are considered as family members as well);

 

Legal separation

Legal separation gives a person an opportunity to live apart from his/her spouse and to divide all the property and parental liabilities, receive spousal and child support.

The reasons for legal separation in Alabama which may be considered:

  • The spouses' relationships are irretrievably broken;
  • The spouses can not live together as they have too many disagreements;
  • The spouses want to live in different places.
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Custody of the child in Alabama

Custody of the child

The custody decision is gender neutral, and both parents have their right to be the custodians. Nevertheless, there are number of factors the court takes into account deciding the child custody

  • child’s desires ( whether a child wants to be with a mom or with a dad)
  • parent’s desire ( if parent does not want to be with a child the court will rarely oblige him/her to take care of it)
  • what school a child will attend
  • relations of a child with other members of a family ( brothers, sisters, grandmother, aunt, any other important person in child’s life)
  • any history of domestic violence
  • any history of drug, alcohol or any other addictions
  • parent’s moral character
  • parent’s financial situation 
  • mental and physical health of a child
  • mental and physical health of a parent
  • any other important facts that will influence child’s life.

All the decisions as for child’s custody the court takes in accordance with child’s best interests and the gender of a parent is not taken into consideration. The court can give a sole legal custody to a parent and it means that he/she will have rights to make all the important decisions about child’s present and future. The parent may be given sole physical custody. It means that the parent takes care of the child for the majority of the time while the other parent has right just to visit a child during certain days.

Rules for child support in Alabama

These rules are governed by Alabama Child Support Guidelines. So according to the state law, an amount of a child support is calculated with the Alabama Child Support Calculator. This amount is considered as a correct and reasonable amount of child support. But if the interested person do not agree with child support calculation, he or she can always ask the attorney for a help and prove otherwise.

Below is the list of factors that may influence the amount of a child support such as
:

  • Whether the interested person has a sole or shared child’s custody.
  • Expenses for transportation a child to his/her another parent.
  • Expenses for education (college) when a child reaches a certain age.
  • Assets or unearned income that was received by child/children.
  • Parent’s health, financial, moral situation.
  • Any other factors that the court may consider as important.

Here is a common calculation of a child support (when an income of a parent is 6000 $ or less):

 

1 child

17% of income

 

2 children

25% of income

 

3 children

29% of income

 

4 children

31% of income

 

5 children or more

34% of income

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Rules for spousal support in Alabama

Rules for spousal support

Spousal support, or alimony, is a payment from the one former spouse to the other spouse. Alimony is awarded in order to organize approximately the similar living conditions for both partners after divorce. 

There are situations when a spouse can stop paying alimony:

  • When a spouse who receives alimony married another person.
  • When a spouse who receives alimony started to date and live with another person.
  • Death of either spouse.
  • Other factors.

Alimony is paid on a regular basis and the amount of alimony is tax deductible by the payer spouse, this amount is usually added as an income of the receiving spouse.

Calculation of the spousal support amount is based on the following things:

  • How long the spouses were married.
  • The value and type of property.
  • Health of both spouses.
  • Age of the spouses.
  • Spouses ability to earn money.
  • Education of the spouses.
  • The behavior of the spouses (misbehavior by any spouse can be considered in determining whether to give alimony or not).
  • Any other factors the court will consider as important.

Divorce without a lawyer in Alabama

If the interested perosn appliesfor a divorce in Alabama, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county the interested person lives, the process of divorce in the state of Alabama can vary.

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Mediation support in Alabama

Any spouse has a right to ask for help from mediators in resolving disputes during a divorce in Alabama. The mediator is an independent party who tries to do his/her best in order to solve all the difficult issues of the couple about the property division and child custody and support.

Divorce forms in Alabama

There are a lot of different divorce forms in Alabama. The main are Complaint for Divorce, Separation Agreement, Summons/Civil, Affidavit of Substantial hardship, Certificate of Commissioner, Affidavit of Residency, Decree of Divorce and others.

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