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When one of the spouses is a nonresident of the state, the spouse filing for divorce must have been a resident of the state for at least six months before filing for divorce.
The divorce may be filed for in any of the following:
There are two primary categories of divorce filing in Alabama. They are fault and no-fault. In order to file for divorce in Alabama, the proper grounds must be established. Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove otherwise to the court.
Joint custody may be awarded. However, if the wife abandons the husband and the children are over seven years old, the husband is granted custody if he is suitable. Grandparents may be given visitation rights. [Code of Alabama: Title 30, Chapters 3-5 to 3-6.1,3-60 to 3-71,3-110 to 3-115, 3-170 to 3-179, 3-190 to 3-200; and Alabama Case Law]
The judge has full discretion when it comes to issuing an allowance for maintenance to either spouse if the spouse does not have the means to do so for themselves.
This award may be made out of the property belonging to the other spouse, unless it is separate property (acquired by gift or inheritance, or acquired prior to the marriage) and was never used for the common benefit of the marriage.
In applying the statewide uniform guideline, the courts will consider the following:
Child support guidelines in Alabama are based on the official Child Support Guidelines contained in the Alabama Rules of Judicial Administration: Rule 32. These guidelines are presumed to be correct unless there is a showing that the amount would be unjust or inappropriate under the particular circumstances of a case. A written agreement between the parents for a different amount with a reasonable explanation for the deviation from the guidelines will also be allowed. A standardized Child Support Guidelines form and Child Support Income Statement/Affidavit must be filed in every case in which child support is requested. There is also a procedure for expedited processing in child support cases. Alabama driver’s licenses may be suspended for failure to pay child support. [Code of Alabama: Title 30, Chapters 3-5 to 3-6.1,3-60 to 3-71,3-110 to 3-115, 3-170 to 3-179, 3-190 to 3-200 and Alabama Rules of Judicial Administration: Rules 32 and 35].
Alabama is an “equitable distribution” state and the judge has full discretion to divide any jointly-owned real estate or personal property, but does not have the authority to award the wife’s separate property to the husband (regardless of whether the wife’s separate property was obtained before or after the marriage). Gifts and inheritances are considered separate property and are not subject to division unless they have been used for the common benefit of both spouses. The property division need not necessarily be exactly equal, but it must be equitable. Marital fault may be considered in the division of property. [Alabama Case Law].
There is no legal provision in Alabama for mediation.
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