Alabama Divorce Online Forms. Do it yourself divorce papers. Divorce form for No-fault Uncontested Divorce
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Before you start completing your uncontested divorce forms with us, please read all the requirements
for Alabama divorce. Make sure that your situation matches all the requirements.
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 Grounds for divorce
Residency requirement for Plaintiff when Defendant nonresident
Where complaint to be filed
Waiting period prior to issuance of final judgment of divorce
Legal separation
Child custody
No fault:
- Irretrievable breakdown of the marriage;
- Complete incompatibility of temperament;
- Being separated for more than two years
Fault based:
- Adultery;
- Incurable incapacitation of one of the parties at the time the marriage was entered;
- Voluntary abandonment for one year preceding the filing the complaint for divorce;
- Imprisonment for at least two years;
- Commission of the crime against nature;
- Drug addiction and habitual drunkenness;
- Complete incompatibility of temperament;
- Incurable insanity;
- An irretrievable breakdown of the marriage;
- Wife’s pregnancy at the time of marriage, without husband’s knowledge or agency;
- Living separate and apart from the bed and board for two years; (AL Code, Section 30-2-1)
- Being separated for more than two years (divorce from bed and board) (Section 30-2-2)
What is the difference between fault divorce and no-fault divorce?
When the defendant is a nonresident, the other party to the marriage must have been a bona fide resident of the state of Alabama for 6 (six) months before the filing of the complaint.
Complaints for divorce may be filed in the circuit court of the county in which the defendant resides, or in the circuit court of the county in which the parties resided when the separation occurred, or if the defendant is a nonresident, then in the circuit court of the county in which the other party to the marriage resides (Alabama Code, Section 30-2-4).
A court shall not enter a final judgment of divorce until after the expiration of 30 days from the date of the filing of the summons and complaint.
If a party files a complaint for a decree of legal separation rather than a decree of dissolution of marriage, the court may grant the legal separation. The terms of a legal separation can be modified or dissolved only by written consent of both parties and ratification by the court or by court order upon proof of a material change of circumstances. A proceeding or judgment for legal separation shall not bar either party from later instituting an action for dissolution of the marriage. (Alabama Code, Section 30-2-40). The grounds for separation are the same as for a divorce.
Upon granting a divorce, the court may give the custody and education of the children of the marriage to either parent, as may seem right and proper, having regard to the moral character and prudence of the parents and the age and sex of the children (Alabama Code, Section 30-3-1)
Joint Custody. It is the policy of the state of AL to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interest of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage. Joint custody does not necessarily mean equal physical custody.(Alabama Code, Section 30-3-150)
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