The divorce law in Alabama states that a couple can legally divorce on the grounds of fault or no fault. If a couple files for a no-fault divorce, the reasons must be due to incompatibility of temperament, irretrievable breakdown, and voluntary abandonment from bed. However, a couple is automatically assumed as fault divorce if one spouse is being physically and incurable incapacitated, adultery, imprisonment, the use of drugs or alcohol, and domestic violence.
According to the Census Bureau, Alabama has one of the highest divorce rates in the US. The divorce law in Alabama can be summed up into four categories: parenting, division of property and debts, child support, and spousal support. Usually, the divorce process can be settled through a simple mathematical formula. However, in order to qualify for divorce in Alabama, you need have lived in Alabama for six months or more before filing for divorce. As for property, Alabama use an equitable distribution of property. Equitable distribution does not mean equal, but rather what is fair. The court will encourage the parties to reach a settlement on property and debt. However, if a settlement cannot be researched, the court will determine how the property should be distributed.
Two issues that complicate the divorce process are the “Hurdle Major” and the “Hurdle Minor”. Hurdle Major is the emotional content of nearly every issue presented in a divorce. However, in a few rare cases in divorce law in Alabama, emotional intensity such as love, regret, guilt, and anger begin to interfere with every part of the divorce, stealing the focus from the legal issues that must be settled. As for Hurdle Minor, it can be described as Uncle Sam, dealing with tax principles. Tax is extremely important when one spouse has a significantly higher income than the other.
In Alabama, child support guidelines are calculated with the Income Shares Model. This model determines the monthly support determined by using the model to divide proportionally in respect to each parent’s income. However, according to divorce law in Alabama, when the spouses cannot agree on the amount of financial support, the court will use the calculated amount from the Income Shares Model and adjust according to what they feel appropriate. Although divorce in Alabama may seem like a long, complicated process there is always help. With technology, the most emotionally grueling and complicated processes in life, can be simplified with online help.