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equitable distributionNo-Fault and Fault

Divorce in Alabama

Alabama offers both no-fault and fault-based grounds for divorce. The state uses equitable distribution to divide marital property, meaning assets are divided fairly but not necessarily equally. Alabama requires at least one spouse to have been a resident for six months before filing.

Quick Facts

Residency Requirement

6 months residency required

Waiting Period

30 days after filing

Filing Fee

$200-$400

Property Division

equitable distribution

Grounds for Divorce

  • β€’Incompatibility
  • β€’Irretrievable breakdown
  • β€’Adultery
  • β€’Abandonment

Key Facts

  • β˜…Alabama is an equitable distribution state for property division
  • β˜…Both no-fault and fault grounds are available
  • β˜…A 30-day waiting period applies after filing
  • β˜…Residency requirement is 6 months for at least one spouse
  • β˜…Mediation may be required before trial in contested cases

Child Custody

Alabama courts determine custody based on the best interests of the child. Joint custody is available and the court considers factors such as each parent's ability to provide for the child.

Alimony / Spousal Support

Alabama courts may award alimony based on factors including the length of the marriage, each spouse's earning capacity, and the standard of living during the marriage. Alimony can be rehabilitative, periodic, or lump-sum.

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FAQs

Common questions about divorce in Alabama

An uncontested divorce in Alabama can be finalized in as little as 30 days after filing. Contested divorces can take several months to over a year depending on the complexity of the case.

No. Alabama follows equitable distribution, meaning property is divided fairly but not necessarily equally. The court considers factors like each spouse's contribution to the marriage and economic circumstances.

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