Alabama Divorce Questions

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Those who wish to file for divorce in Alabama need to be aware about the divorce rules in this state. In Alabama, if the divorcing partners desire to file a no fault divorce, then the expected separation period is 2 years. The most common question that might arise in the mind of divorcing partners thinking about filing divorce in this state is whether Alabama is a no fault and common law state. Other important queries answered here are what is the waiting period, what are the child custody and visitation rights, how is alimony decided, how does the division of property take place, within how many days of the divorce can the divorced person can remarry, can the same lawyer represent both the divorcing partners, which is the appropriate venue for filing a divorce, what are reasons for divorce acceptable in this state etc. Here we have mentioned a list of relevant and important Alabama divorce questions and their answers that you would like to go through before applying for divorce or during the proceedings of the divorce.

The vital Alabama divorce questions are as follows:

Q. What is the waiting period in this state?

A. The waiting period in Alabama is 30 days.

Q. Prior to filing for a no fault divorce, what period of separation is expected?

A. 2 years is the expected period of separation, before filing for a no fault divorce.

Q. Provide some information regarding child custody?

A. The court can grant child custody to either parent. Some of the factors considered by the court are as follows:

  • Gender and age of child
  • Welfare of child
  • Morals of spouses
If the minor child or children have not crossed 7 years of age, then in some conditions, the mothers may be favored. If the child or children is sufficiently mature, then the desire of the child or children is also considered. Sometimes grandparents get the right to visitation.

Q. Can it be said that Alabama is a No Fault State?

A. Yes. Alabama is a no fault state.

Q. Introduce the topic of alimony?

A. The Judge takes the final decision regarding alimony. Generally, it is granted when one of the partners fails to meet the living expenses. Another major factor is marital conduct. If the marital life has existed for 10 years or more, 50 percent of the retirement can be claimed.

Q. Can Alabama be categorized as a common law state?

A. Yes. As per the law in this state, 3 requirements must be met by the partners.

  • The partners must accede that they are wife and husband
  • The partners must possess a mental capacity to understand this agreement
  • The couple must martially accomplish this relation

Q. How the division of property takes place?

A. This state has been categorized as an equitable distribution state. Excluding separate property, the Judge reserves the right to divide the remaining property.

Q. Is it feasible that a single divorce lawyer should represent both the divorcing partners?

A. No, such thing is not possible. Although, the divorce may be an uncontested one, separate representation is essential. However, it is quite possible that the same divorce lawyer drafts the papers for both partners, but represents only one of them.

Q. After getting a divorce, when can a divorced person remarry?

A. Generally, the divorced person can remarry 60 days after getting a divorce.

Q. Is it mandatory to hire the services of an attorney?

A. No. The divorcing partner can represent self in court. However, it is recommended to take the assistance of a practicing divorce lawyer.

Q. Which topics can be considered as reasons for divorce?

A. In case of No Fault divorces, the Code of Alabama, Title 30, Chapter 2-1 cites the reasons of divorce as follows.

  • Living separate
  • Judicial separation or maintenance
  • Irretrievable breakdown
  • Irreconcilable differences
  • Incompatibility

In case of a general divorce, the Code of Alabama, Title 30, Chapter 2-1 and Chapter 2-2 deals with the reasons of divorce. These are as follows.

  • Non-support
  • Mental or physical cruelty
  • Insanity
  • Impotence
  • Fraud or Duress
  • Wife pregnant by another
  • Drug addiction
  • Alcoholism
  • Unnatural sexual behavior
  • Imprisonment
  • Abandonment
  • Adultery
  • Physical and incurable incapacitation

Q. Which is the proper venue for filing the divorce?

A. Alabama Code Title 30, Chapter 2-4, Chapter 2-5 are related to this topic. The following selection is made while finalizing the proper venue.

  • The county wherein the Respondent stays
  • The county in which the divorcing couple stayed before separation
  • If the Respondent is a non-resident, then the county in which the Plaintiff resides
The Alabama divorce questions and their answers provided above will prove helpful to those who want to get information about divorce procedures in Alabama.

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