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Alabama - Divorce Kits

The following information provided is a basic synopsis of state laws and guidelines. Due to changing laws and statutes the material may be outdated, so please seek additional resources or consult an attorney if more specific information is desired.

Required Residency to File: 6 months

Where to File:
The county in which the defendant resides.
The county in which both spouses lived together prior to separation
The county in which the plaintiff resides if the defendant is a non-resident of Alabama

Grounds for Absolute Divorce:

Bigamy ( grounds for annulment )
Drug Addictions
Felony Conviction or Imprisonment ( grounds for annulment ) Fraud, Force or Duress
Impotence ( grounds for annulment )
Mental and or Physical Cruelty

Grounds for "No-Fault" Divorce:

Irreconcilable Differences or Irretrievable Breakdown
Judicial Separation or Maintenance
Living Separate and Apart

Time before ex-spouses may re-marry: Plaintiff ( 60 days ) Defendant ( 60 days )

Voluntary or required Mediation: ( no )

Voluntary or recommended Counseling: ( no )

The Distribution of Property:

Under Case law, Alabama is an "equitable distribution" state. The judge has the full discretion to divide the real estate and other marital property, but does not have the authority to award the wife's separate property to the husband. The distribution of assets also does not necessarily have to be even, just fair.

Spousal Support:

The judge has complete control over the decision of whether to award an allowance or not. An allowance is typically issued if one spouse does not have sufficient property to cover living expenses. The allowance can not take any part of one's separate property ( gifts, inheritance, etc...). Marital conduct is a consideration, and the division of property does not have to be equal, but it must be equitable.

Child Custody:

Either parent can be given custody of the children. Joint Custody may be rewarded, and the children's wishes are often considered depending on their age. If the wife leaves the husband when children are of 7 years of age, the husband will be strongly considered for custody. the factors that are generally considered are: age and sex of child, the welfare of the child, and the morals of the parents.

Uniform Child Custody Act: 1980
Is Joint Custody awarded? YES
Do Grandparents Have the Right to Visitation? YES
Are Child's Wishes Considered? YES

Child Support:

Either parent may be required to provide support. There are specific guidelines to be followed, unless when proven to be unjust. The parents can also come to their own agreement to be reviewed by the court.

Document Example

To prepare your documents, you would simply edit the information as it applies to you.

IN RE THE MARRIAGE OF:   Case No. ____________________

COMES NOW the Petitioner, JANE DOE, and respectfully petitions and shows this Court as follows:
I.           The vital statistics concerning the parties are as follows:
          A. PETITIONER:

  1. Age: 28
  2. Occupation: Clerk
  3. Petitioner now resides at 123 Main Street, Douglas, Alabama 54321, County of Juneau. Petitioner has been a resident of the State of Alabama since April 8, 1968.
          B. RESPONDENT:
  1. Age: 32
  2. Occupation: Vice President, 7-11 Convenience Stores
  3. Respondent now resides at 456 Corner Drive, Douglas, Alabama 54321, County of Juneau. Respondent has been a resident of the State of Alabama since December 2, 1978.
II.           The Social Security Numbers of the parties are as follows:

          Petitioner: 555-23-9178
          Respondent: 875-12-3354.

          A. At least one of the parties has had actual residence in this state with a bona fide intention of making this state his or her permanent home for at least one year prior to the filing of this petition.
          B. The Petitioner is serving in the United States Armed Forces and has been continuously stationed at a military base or installation in this state for one year.

Document Kit Contents

Your document kit will include:
  1. Instructions for completion of your documents
  2. Petition for Dissolution of Marriage
  3. Sample Marital Settlement Agreement
  4. Financial Affidavit of Petitioner
  5. Financial Affidavit of Respondent
  6. Answer and Waiver of Hearing
  7. Verification
  8. Affidavit of Non Military Service
  9. Affidavit of Corroborating Witness
  10. Decree of Divorce
  11. Sample Proposed Property Settlement
  12. Summons
  13. Notice of Hearing
  14. Affidavit of Service
  15. Affidavit of Diligent Search for Service by Publication

    If children are involved:

  16. Affidavit of Uniform Child Custody Jurisdiction Act
  17. Sample Parenting Plan

Important Disclaimer:
Legal-Online.Org Self-Help Products are designed to provide authoritative and accurate information in regard to the subject matter covered. However, neither this nor any other publication can take the place of an attorney on important legal matters.

Information in this kit has been carefully compiled from sources believed to be reliable, but the accuracy of the information is not guaranteed, as laws and regulations may change or be subject to differing interpretations.

This is a self-help legal product and is intended to be used by the consumer for his or her own benefit. Use of this kit to benefit a second party may be considered in many states as the unauthorized practice of law.

As with any legal matter, you should consult with an attorney if you are unsure about proceeding, your case is of a complicated nature or to obtain legal advice.

It is understood that by using this kit, you are acting as your own attorney. Accordingly, the publisher, author, distributor and retailer shall have neither liability nor responsibility to any party for any loss or damage caused or alleged to be caused by use of the kits. These kits are sold with the understanding that the publisher, author, distributor and retailer are not engaged in offering legal services. Should legal services or other assistance be required, the services of a competent legal professional should be contacted in your area.

In addition, some counties or states may require use of additional documents not found in this kit. If this is the case, please contact us

We will attempt to locate the additional forms for you at no cost.

Purchase of this kit constitutes acceptance of these terms.

These documents are available in the following formats:

Microsoft Word