Alabama Divorce Laws

Understanding Alabama Divorce Laws

Divorce Requirements for Alabama Residents

Either or both parties involved in an Alabama Divorce action must be a resident or residents of Alabama for at least six months before the filing of divorce papers.

Alabama Grounds For Divorce

Both fault and no-fault grounds for divorce or dissolution of marriage are recognized in Alabama.

What are the no-fault grounds for divorce in Alabama?

1. Irretrievable breakdown of the marriage. This needs to be determined by the Alabama divorce courts;
2. Voluntary abandonment for over 12 months prior to the filing of the divorce complaint;
3. Incompatibility of temperament that hampers both parties from living harmoniously together;

What are the fault grounds for divorce in Alabama?

1. Adultery
2. Spouses have been living separately without cohabitation for over two years and without any financial support from the husband;
3.  Addiction to alcohol and/or illegal substance;
4. Physical abuse or a threat of physical violence as exhibited by one party’s conduct;
5. Mental health issues by either spouse developed after the marriage; Confinement in a mental facility for at least 5 consecutive years or an incurable mental illness or insanity at the time of the divorce filing, as evidenced by actual medical records.

Child Custody Law in Alabama

Depending on the circumstances, child custody may either be agreed upon by the parents or decided by the court.  Options for child custody are either sole or joint, whichever puts the child’s best interests first. If an out-of-court agreement between spouses is not possible, child custody is decided upon by the Alabama divorce courts based on the following:

1. Age and gender of the child;
2. Safety and well-being of the child;
3. Character and experience of the parents seeking child custody, including mental and physical health;
4. Desires of the child if within age of maturity and with capacity to make sound decisions, as determined by the court;
5. Interpersonal relationship between the child and each parent;
6. Home environment and other factors that could affect the child’s general well-being.

Guidelines for Alabama Child Support

Child support is calculated based on the official Alabama Child Support guidelines, which come with a child support income affidavit and a child support guidelines form. The child support ruling will be in effect until the child reaches adulthood.

Where to file for a divorce?

Alabama Divorce Forms must be filed by the petitioner in his or her county of residence where the marital union collapsed.

If the petitioner is not a resident of Alabama at the time of separation, he or she must file the divorce complaint on the respondent’s county of residence.

For a fast and inexpensive divorce process, you can file Alabama online divorce forms.

Refer to the “Divorce Requirements for Alabama Residents” above for more information and also get the best online divorce reviews.

Mediation

The State of Alabama has a provision in the law that is called “Alabama Mandatory Mediation Act,” which requires a mandatory mediation prior to trial on certain divorce circumstances. Should the parties fail to come up with a mediation divorce settlement in Alabama, the court then steps in.  

Need information for a different state?

View more state laws

You may also visit the Alabama Courts for more information