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In order to file for Divorce in Alabama you must meet one of the three requirements:
1. If both parties reside in Alabama, then the requirement is met.
2. If the Defendant, or non-filing party, resides in Alabama, then the requirement is met.
3. If the Defendant, or non-filing spouse, does not live in Alabama, then the Petitioner, or filing party, must have been a resident of the state for a period of 6 months.
The most common ground is for the ground of incompatibility and irretrievable breakdown of the marriage.Other grounds allowed may require proof or additional testimony, which are:
(1) In favor of either party, when the other was, at the time of the marriage physically and incurably incapacitated from entering into the marriage state.
(2) For adultery.
(3) For voluntary abandonment from bed and board for one year next preceding the filing of the complaint.
(4) Imprisonment in the penitentiary of this or any other state for two years, the sentence being for seven years or longer.
(5) The commission of the crime against nature, whether with mankind or beast, either before or after marriage.
(6) For becoming addicted after marriage to habitual drunkenness or to habitual use of opium, morphine, cocaine, or other like drug.
(7) Upon application of either the husband or wife, when the court is satisfied from all the testimony in the case that there exists such a complete incompatibility of temperament that the parties can no longer live together.
(8) In favor of either party, when the other, after marriage, shall have been confined in a mental hospital for a period of five successive years, if such party from whom a divorce is sought is hopelessly and incurably insane at the time of the filing of the complaint; provided, however, that the superintendent of the mental hospital in which such person is confined shall make a certified statement, under oath, that it is his opinion and belief, after a complete and full study and examination of such person, that such person is hopelessly and incurably insane.
(9) Upon application of either party, when the court finds there has been an irretrievable breakdown of the marriage and that further attempts at reconciliation are impractical or futile and ot in the best interests of the parties or family.
(10) In favor of the husband, when the wife was pregnant at the time of marriage, without his knowledge or agency.
(11) In favor of either party to the marriage when the other has committed actual violence on his or her person, attended with danger to life or health, or when from his or her conduct there is reasonable apprehension of such violence.
(12) In favor of the wife when the wife has lived, or shall have lived separate and apart from the bed and board of the husband for two years and without support from him for two years next preceding the filing of the complaint, and she has bona fide resided in this state during that period.
The court will award joint or sole custody in accordance with the best interests of the child. Joint legal custody gives both parents the right to contribute to the decision-making process concerning the child's development and well-being. You can have joint legal custody and still have one parent as the primary residential parent with the other parent having a parenting time schedule. Joint legal and joint physical custody is when both parents have joint legal custody and the child or children reside equally with each parent.
Alabama’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parents’ gross incomes and certain child related expenses are taken into consideration when calculating the child support obligation. Child support will continue until the child reaches nineteen years of age, and may extend through the child’s secondary education.
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