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Your Alabama Divorce Laws 2017

Discover Your Alabama Divorce Laws and Save Money… ….by Mastering the Divorce Process in Alabama


Alabama Residency Requirement
According to the Alabama Divorce Laws and Alabama Divorce Guidelines, the spouse filing the case must have been a resident of the state for at least 6 months before he/she can file for divorce in Alabama.

Time To Divorce
There is a 30-day waiting period after the filing of the Alabama Divorce Forms and Alabama Divorce Papers before a judge may issue a final judgment of divorce

Place of Divorce (Venue)
The case may be filed in:
(1) county where defendant resides
(2) county where spouses resided prior to separation
(3) county where plaintiff resides if defendant is not a resident of Alabama.

Alabama Grounds for Divorce

Grounds for a No-Fault divorce:
(1) Irretrievable breakdown of the marriage
(2) complete incompatibility of temperament such that the parties can no longer live together
(3) voluntary separation for over 1 year.

Grounds for a Fault based divorce:
(1) Adultery
(2) living separate and apart without cohabitation for over 2 years without the husband supporting the wife (divorce must be filed by wife)
(3) imprisonment (for over 2 years if the total sentence is over 7 years)
(4) unnatural sexual behavior before or after the marriage
(5) alcoholism
(6) drug abuse
(7) confinement for incurable insanity for over 5 years
(8) wife pregnant by another at the time of the marriage without the husband's knowledge
(9) physical abuse or reasonable fear of physical abuse
(10) lack of physical ability to consummate marriage

NOTE: Regardless of the reason of the breakdown of the marriage or the reason for filing for divorce in Alabama, the Divorce Do It Yourself Service will do divorces on an "Agreed" basis or a “Default” basis.

  • An Agreed Divorce , defined by Alabama divorce guidelines and Alabama divorce laws, is a scenario where the spouses agree on the terms of the divorce such as Alabama property distribution, Alabama child support, or Alabama child custody. Most of our clients (75%) prefer the Agreed Divorce method and both spouses sign the divorce papers and are agreed to the terms of divorce.

  • A Default Divorce , according to the Alabama divorce guidelines and Alabama divorce laws, is a divorce where the other spouse doesn’t sign the Alabama Divorce forms or Alabama divorce papers, he/she doesn’t do anything at all with the divorce. They simply default on the case and the spouse who files for divorce gets whatever was asked for in the original paperwork.


Alabama Divorce Resources
Here are the important divorce resources for Alabama:


Process to file for Divorce in Alabama
There are only a few basic procedural steps to a divorce:

  • File Divorce Papers for Alabama (Alabama Divorce Forms)
  • Notify Spouse of your filing for divorce in Alabama
  • Attend your Alabama divorce hearing


How The Alabama Divorce Service Works

Divorce Process in Alabama

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Alabama Child Custody Laws
Simple Definitions: (source: divorce process in Alabama and AL divorce laws)

  • Visitation is the plan the spouses have on where the children will live and when the children will see the other spouse
  • Legal Custody is the decision ability of the parents in the lives of the children. Such as, where the children will attend school and which church they will go to.
  • Physical Custody pertains to the place where the children will live and which parent they live with.

Alabama Child Custody in a truly shared arrangement, in one form or another, is the preferred method of our Alabama divorce customers. If a sole custody arrangement is to be considered, then there is usually a reason agreed upon by both parties that one parent is to have the children. Usually the financial status of a parent is not to be considered for allocating any parental rights and responsibilities. Shared Custody or Sole Child Custody may be awarded according to the best interests of the child.

Alabama Child Support Laws
If the parents are unable to agree to an amount of child support, there are guidelines that determine the amount of support based on the Alabama Child Support Guidelines. The child support guideline amount is presumed to arrive at an amount of support that is in the child's best interest. But, most divorcing spouses agree to a figure on their own, that will work just fine. Also, in most situations, -0- Child Support is OK if both spouses are working and can manage. This is also true for a Legal Separation in Alabama.

Alabama Child Support Calculator
You can calculate your child support in Alabama right here.

Court Filing Fees
The Court filing fees are not included in the price of our service, of course. To file for divorce in Alabama, fees must usually be paid when you file the Alabama divorce forms and Alabama divorce papers at your county courthouse. These fees vary between County to County, so it is best to call them and ask what the fees are in your County. Regardless of whether you are going through a divorce service, using a Alabama divorce kit, using a divorce attorney (or divorce lawyer), or doing a nearly free divorce in Alabama, you will almost always be the one to cover the court fees which is standard procedure.

Alabama Divorce Laws for Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property is divided so that both parties agree to the division. The main concern here is to agree to the property division so that it doesn’t create a fight that one party will want to go to a Alabama divorce lawyer or divorce attorney to make the case into a Contested Divorce. Then you will have to incur the fees of a lawyer too.

  • Debts Most divorcing spouses set out who will pay what debts as part of their marital settlement agreement during the divorce process, and close all of their joint accounts.
  • Alabama Alimony Laws (Alabama Spousal Support Laws) In an Uncontested Divorce, Alimony may be awarded to either spouse for their support and maintenance after the divorce. Both parties must agree to it. Since most spouses are working, alimony (if awarded at all), is usually for a shorter period of time, and a smaller amount than in the past. In the Alabama divorce laws for alimony, it is possible for alimony to be paid in a lump-sum payment of money or a payment plan. Alimony is not required for a person to get divorced in Alabama.

Missing Spouse
If you do not know where your spouse is and cannot locate him/her, after diligent effort, you may still get a divorce in Alabama. It may involve the extra expense of running a newspaper ad or something similar. We help you through the process.

Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she wishes. We include this name change in our service for FREE. Divorce in Alabama often includes a name change.


Divorce Laws and Guidelines





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1 After you order, send in your information via the simple Divorce Questionnaire.


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3 Sign and file the final divorce papers at your local County Courthouse. Get a date for your hearing and attend it.

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