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Alabama Divorce Facts

When deciding to divorce in Alabama, it's helpful to have some key information. Below you will find some of the most important facts everyone getting a divorce in the state of Alabama should know. The facts listed here are only a selected few of the more comprehensive set of Alabama Divorce Laws available for your reference. Remember, every state's law is different, and if you're not sure about a law in your state, you should ask a qualified Alabama Divorce Professional.

  • Before filing for an Alabama divorce, at least one spouse must live in Alabama for six months.
  • There is a 30-day waiting period before any divorce is finalized. The wait is designed to keep couples from rushing into a divorce, and it gives the couple a chance to reconcile whenever possible.
  • Alabama recognizes common law marriages.
  • There is no legal requirement for mediation.
  • There is no provision for a summary divorce.
  • Marital fault may be considered in the division of the marital estate.
  • Misconduct by either spouse may be considered in the decision to award alimony and may completely bar any maintenance.
  • In determining child custody, the court considers the wishes of the parents, the wishes of the child if the child is of sufficient age to appreciate the situation, the child's relationship with siblings and extended family, the educational needs of the child, and the mental and physical health of the child.
  • The court bases the child support order on the Alabama Worksheet, which determines child support based on the gross monthly income of the parents, the cost of day care, and the cost of health insurance.

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