Alabama Divorce Laws

Alabama divorce laws regarding child support

The Income Shares Model is used in this state to determine child support. Out of the Alabama Rules of Judicial Administration, Rule 32 is applied by the court. The background of the theory is that the child ought to get support as if the parents were together even after the divorce is granted.

Alabama divorce laws regarding child custody

As per the policy of this state, minor children should enjoy continuous and frequent contact with parents that have displayed the capacity to take actions in the best interest of the children. It is also the policy of this state, that after the parents are separated, they should be inspired to share the responsibilities and rights of bringing up the children.

The Court awards that type of custody which is in the best interests of the child. If the court awards joint custody this is not an indication of equal physical custody. The following factors are considered by the Court while making a decision regarding custody –

• The geographical closeness of the parents to one another to assess the practicality of joint physical custody
• Any potential or history of kidnapping, spouse abuse and child abuse
• The capacity of one parent to inspire sharing of contact, affection and love amongst the other parent and the child
• The past and present capacity of the parents to make joint decisions and cooperate with one another
• Whether the parents agree or disagree regarding joint custody

Change in name of wife

The divorcing wife has to submit a request to restart the use of any previous surname or her maiden name. Chapter 2 Section 30-2-11 of the Alabama State Divorce Code is dedicated to this topic.

Spousal support

The Court awards alimony to one spouse depending on the need of this spouse and the capacity of the other spouse to pay. Any property that is obtained as a gift or an inheritance or before the marriage of the two parties is not considered while deciding the amount of spousal support. If one of the factors of the divorce is fault, then the judge reserves the right to study the circumstances and make or not make an allowance to one spouse from the estate of other.

Division of property

Chapter 4 Section 30-4-1 and 30-4-5 of the Alabama State Divorce Code are the basis of property division. When the parties do not mutually agree regarding the division of property, the Court distributes it in an equitable manner and not essentially equally. As per the laws of the state, the following types of property are a separate property of the wife for which the husband is not responsible in any way –

• Property held prior to the marriage
• Property due to inheritance or descent
• Property due to conveyance, contract, bequest, devise or gift
• Property from husband as a contract or as a gift

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