Who gets the house in a divorce in Alabama?

Who gets the house in a divorce in Alabama?

Property Division Alabama is an equitable distribution state. This means the divisions of assets and liabilities should be fair and equitable. This does not mean 50/50. The property that each spouse brought into the marriage is considered his/her separate property and is awarded back to the spouse upon divorce.

What constitutes marital abandonment in Alabama?

In Alabama, a continuous absence from the marriage “bed and board” is considered voluntary abandonment. This means that one spouse leaves without the intent of returning. This person has left their spouse and severed all ties and responsibility – including related financial obligations – without good reason.

Is Alabama a spousal state?

Is Alabama a community property state? Alabama is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case. Factors such as one spouse’s economic misconduct may also be considered.

How do I get a free divorce in Alabama?

To find out if you qualify for free legal help through Alabama’s legal services, call 1- You can also read the full text of the law governing filing for divorce in Alabama, see Ala. Code §§ 30-2-1 through 30-2-12.

How much is a uncontested divorce in Alabama?

How much does an uncontested divorce typically cost? As of 2019, it costs a plaintiff $290 in filing fees for an uncontested divorce in Alabama. If there are minor children in the marriage, that amount rises to $390. Each county also has a separate filing fee.

How long after a divorce can you remarry in Alabama?

You must wait sixty (60) days after your divorce decree is ordered before you can get re-married or the new marriage may not be recognized by the State of Alabama.

Is Alabama a no-fault divorce state?

In Alabama, couples have the option to file for divorce using the state’s no-fault or fault-based procedure. A no-fault divorce is available in all 50 states because it is the most streamlined way to end a marriage.

How much does a divorce cost in Alabama?

At a minimum, every divorce will involve some court fees. The fees vary by county, but across Alabama, filing and completing a divorce will cost around $200-$300. Applicants with financial hardship may be able to secure a waiver of court fees.

How many years do you have to be married in Alabama to get alimony?

5 years

How do I file for divorce in Tuscaloosa AL?

How to file for divorce in Tuscaloosa County | Step-by-Step

  1. Check out the requirements for filing.
  2. Obtain and fill out the court forms.
  3. File the court forms.
  4. Serve the spouse.
  5. File with the court the rest of the paperwork.
  6. Finalize your divorce.

What are grounds for divorce in Alabama?

Along with an “irretrievable breakdown” of the marriage, the standard grounds for divorce in Alabama include adultery, cruelty, incurable insanity, and “the commission of the crime against nature, whether with mankind or beast, either before or after marriage.” Divorce statutes in Alabama are highlighted in the table …

What is the divorce process in Alabama?

First, you must meet the residency requirements of the state in which you wish to file. Second, you must have “grounds” (a legally acceptable reason) to end your marriage. Third, you must file divorce papers and have copies sent to your spouse.

What court handles divorce in Alabama?

In the Alabama court system, the circuit courts have the exclusive jurisdiction, or power, to decide divorce cases. This is because the circuit courts are Alabama’s trial courts, and they are assigned to hear family law matters. Alabama’s circuit courts are divided into 41 separate judicial districts.

How long do you have to respond to divorce papers in Alabama?

30 days

Can you file for divorce in Alabama without a lawyer?

You don’t need to hire a lawyer to obtain an uncontested divorce in Alabama and can represent yourself during the process. However, even though there is no court battle in an uncontested divorce, hiring an attorney can still assist spouses through the uncontested divorce process.

How long can you put off a divorce?

For example, in California, there is a six-month cooling off period, which is the longest of any state in the nation. In Pennsylvania, it’s 90 days.