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Any spouse who has resided in Alabama for at least six months prior to filing for divorce can file for divorce in Alabama.
Any resident of Alabama who has been a resident for at least six months can file for divorce in the state.
Yes, Alabama requires a separation period before divorce. The separation period must last for a minimum of 180 days (or six months) before a divorce can be finalized. During the separation period, the couple must live apart and have no sexual relations.
If children are involved, the parents must also agree on child custody and support arrangements during this time.
Alabama is not a community property state. Alabama is an "equitable distribution" state, which means that marital property is divided in a fair and equitable manner based on a variety of factors, including the length of the marriage, each spouse's financial situation and earning capacity, and the contribution of each spouse to the marriage.
In practice, this usually means that property is divided equally between the parties. However, there may be circumstances where the court will deviate from an equal split based on the specific needs and circumstances of the parties involved.
It's important to note that only property acquired during the marriage and considered marital property is subject to division.
Separate property, which is property acquired before the marriage or through inheritance, is usually not divided during a divorce. See our guide on marital propertty.
The cost of divorce in Alabama can vary based on the complexity of the case and factors such as attorney fees, court filing fees, and other expenses.
On average, an uncontested divorce in Alabama can cost between $500 and $1,500. However, a contested divorce can cost significantly more, ranging from $5,000 to $20,000 or more.
It is best to consult with a local attorney to get a more accurate estimate of the cost of divorce in Alabama. You can also speed up the process using a DIY divorce kit.
In Alabama, the minimum time for a divorce to be finalized is 30 days from the date of filing the complaint. DIY divorces can be faster, especially with mediation.
However, the length of time it takes to complete a divorce can vary widely depending on the complexity of the case, the level of cooperation between the parties, and the court's availability.
If there are contested issues such as property division, child custody or support, the divorce process may take several months or even years. You may also need to get several documents prepared.
In Alabama, child custody is determined based on the best interests of the child.
The court takes into account factors such as the child's age and gender, the child's relationship with each parent, each parent's ability to provide for the child's physical and emotional needs, each parent's involvement in the child's education and extracurricular activities, and any history of domestic violence or abuse.
In some cases, the child's preference may also be considered if they are deemed old enough to make an informed decision. Ultimately, the court will try to create a custody arrangement that is in the best interests of the child and that allows both parents to maintain a meaningful relationship with the child.
