Residency Requirements
In Alabama, before a divorce can be granted, the basic residency requirement must be met. The state requires that at least one party be a bona fide resident of the state for at least six (6) months prior to filing the complaint.
Legal Grounds for Divorce in Alabama
A divorce in Alabama may be granted based on the following grounds:
- Adultery
- Voluntary abandonment for one year prior to filing for divorce
- Imprisonment
- The commission of the crime
- Habitual drunkenness or other addiction
- Incompatibility
- Insanity
- An irretrievable breakdown of the marriage
- Domestic abuse
There are other factors that can also qualify as grounds for dissolution of marriage in the state which Alabama divorce lawyers can help you identify. Courts may require the petitioner to provide proof, which an attorney can help you put together and ensure that your rights are protected. If you believe your spouse has filed for divorce without sufficient grounds, your attorney can also help you contest this and ensure that no fraud takes place.
Property Division
Alabama is an equitable distribution state, which means that all property and assets will be distributed in an equitable manner after divorce, but not necessarily equally. Property held prior to the marriage will still be considered separate. There are times though, when a court may allot property to a spouse without it truly belonging to them. This is another matter your Alabama divorce attorney can help you with. Your lawyer has years of practice in the field of family law and will make sure that you do not lose your rightful benefits and property in the settlement.
Child Custody
Child custody in Alabama is granted based on the best interest of the child. Several factors will come into play, including the relationship of the parent and child, instances of abuse, as well as the proximity of the parent’s residence to the child’s school. One parent is not favored over the other, so if you believe you have been unfairly denied custody of your child, hiring an experienced Alabama divorce lawyer is critical to ensure that your rights to see your children are not infringed upon.
