Alabama Uncontested Divorce Laws and FAQ's

Grounds; jurisdiction for proceedings; divorce judgment awarded to both parties.
(a) The circuit court has power to divorce persons from the bonds of matrimony, upon a complaint filed by one of the parties, entitled "In re the marriage of _____ and _____," for the causes following:

1. In favor of either party, when the other was, at the time of the marriage physically and incurably incapacitated from entering into the marriage state.
   
2. For adultery.
   
3. For voluntary abandonment from bed and board for one year next preceding the filing of the complaint.
   
4. Imprisonment in the penitentiary of this or any other state for two years, the sentence being for seven years or longer.
   
5. The commission of the crime against nature, whether with mankind or beast, either before or after marriage.
   
6. For becoming addicted after marriage to habitual drunkenness or to habitual use of opium, morphine, cocaine or other like drug.
   
7. Upon application of either the husband or wife, when the court is satisfied from all the testimony in the case that there exists such a complete incompatibility of temperament that the parties can no longer live together.
   
8. In favor of either party, when the other, after marriage, shall have been confined in a mental hospital for a period of five successive years, if such party from whom a divorce is sought is hopelessly and incurably insane at the time of the filing of the complaint; provided, however, that the superintendent of the mental hospital in which such person is confined shall make a certified statement, under oath, that it is his opinion and belief, after a complete and full study and examination of such person, that such person is hopelessly and incurably insane.
   
9. Upon application of either party, when the court finds there has been an irretrievable breakdown of the marriage and that further attempts at reconciliation are impractical or futile and not in the best interests of the parties or family.
   
10. In favor of the husband, when the wife was pregnant at the time of marriage, without his knowledge or agency.
    
11. In favor of either party to the marriage when the other has committed actual violence on his or her person, attended with danger to life or health, or when from his or her conduct there is reasonable apprehension of such violence.
    
12. In favor of the wife when the wife has lived, or shall have lived separate and apart from the bed and board of the husband for two years and without support from him for two years next preceding the filing of the complaint, and she has bona fide resided in this state during said period.

(b) When a judgment of divorce is entered, in effect, it is awarded to both parties to the marriage.

(Code 1852, §§1961-1963; Code 1867, §§2351-2353; Code 1876, §§2685-2687; Code 1886, §§2322-2324; Code 1896, §§1485-1487; Code 1907, §§3793-3795; Acts 1919, No. 584, p. 839; Acts 1919, No. 631, p. 878; Code 1923, §§7407-7409; Acts 1932, Ex. Sess., No. 41, p. 52; Acts 1933, Ex. Sess., No. 153, p. 142; Acts 1936-37, Ex. Sess., No. 211, p. 247; Code 1940, T. 34, §§20-22; Acts 1943, No. 463, p. 425; Acts 1947, No. 487, p. 336; Acts 1971, No. 222, p. 517; Acts 1971, No. 2272, p. 3662, §§1, 2.)

Code of Alabama, Section 30-2-4
Where complaint to be filed.
Complaints for divorce may be filed in the circuit court of the county in which the defendant resides, or in the circuit court of the county in which the parties resided when the separation occurred, or if the defendant is a nonresident, then in the circuit court of the county in which the other party to the marriage resides.

(Code 1852, §1968; Code 1867, §2358; Code 1876, §2692; Code 1886, §2329; Code 1896, §1493; Code 1907, §3801; Code 1923, §7415; Code 1940, T. 34, §28.)

Code of Alabama, Section 30-2-5
Residency requirement for plaintiff when defendant nonresident.
When the defendant is a nonresident, the other party to the marriage must have been a bona fide resident of this state for six months next before the filing of the complaint, which must be alleged in the complaint and proved.

(Code 1852, §1969; Code 1867, §2359; Code 1876, §2693; Code 1886, §2330; Code 1896, §1494; Code 1907, §3802; Code 1923, §7416; Code 1940, T. 34, §29; Acts 1945, No. 457, p. 691; Acts 1971, No. 2280, p. 3687.)

Marital Separation Agreements Explained

Marriage and Living Together Law
Alabama Marriage License Laws

Child Support
Alabama Child Support Guidelines
Alabama Interactive Child Support Calculator
Child Support Explained
Child Support: A Guide to Services in Alabama
Applying for Child Support Services - by AL Department of Human Resources
Child Support Enforcement Steps - by Office of Child Support Enforcement
Child Support Enforcement Abroad - by U.S. Department of State

Child Custody and Visitation Law
Code of Alabama, Section 30-3-1
Custody and education of children upon grant of divorce; custody of children where wife abandons husband.
Upon granting a divorce, the court may give the custody and education of the children of the marriage to either father or mother, as may seem right and proper, having regard to the moral character and prudence of the parents and the age and sex of the children; and pending the action, may make such orders in respect to the custody of the children as their safety and well-being may require. But in cases of abandonment of the husband by the wife, he shall have the custody of the children after they are seven years of age, if he is a suitable person to have such charge.

(Code 1852, §1977; Code 1867, §2367; Code 1876, §2701; Code 1886, §2338; Code 1896, §1501; Code 1907, §3808; Code 1923, §7422; Code 1940, T. 34, §35.)

Code of Alabama, Section 30-3-2
Custody and education of children upon voluntary separation of husband and wife.
(a) In all cases of voluntary separation of husband and wife, the circuit court has power, on the motion of either party, 20 days' notice thereof being given to the other, to permit either the father or mother to have the custody and control of the children and to superintend and direct their education, having regard to the prudence, ability and fitness of the parents, and the age and sex of the children.
(b) Upon the hearing of the motion, witnesses may be examined orally or testimony may be taken as in other civil actions. While the application is pending, the court may direct an injunction or make any order that the safety and well-being of the wife or children may require.

(Code 1852, §§2006, 2007; Code 1867, §§2397, 2398; Code 1876, §§2746, 2747; Code 1886, §§2368, 2369; Code 1896, §§2536, 2537; Code 1907, §§4503, 4504; Code 1923, §§8278, 8279; Code 1940, T. 34, §§79, 80.)

Code of Alabama, Section 30-3-150
State policy.
Joint Custody. - It is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interest of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage. Joint custody does not necessarily mean equal physical custody.

(Acts 1996, No. 96-520, p. 666, §1.)

Property Division
Code of Alabama, Section 30-4-1
Separate property of wife - Property held prior to marriage or acquired after marriage.
All property of the wife, held by her previous to the marriage or to which she may become entitled after the marriage in any manner, is the separate property of the wife and is not subject to the liabilities of the husband.

(Code 1886, §2341; Code 1896, §2520; Code 1907, §4486; Code 1923, §8261; Code 1940, T. 34, §65.)

Code of Alabama, Section 30-4-2
Separate property of wife - Earnings of wife.
The earnings of the wife are her separate property, but she is not entitled to compensation for services rendered to or for the husband or to or for the family.

(Code 1886, §2342; Code 1896, §2521; Code 1907, §4487; Code 1923, §8262; Code 1940, T. 34, §66.)

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