Divorce & Separation

When you begin the process of dissolving a relationship, documentation, facts, and figures are necessary. Some of these include:

• Residency requirements: if the defendant is not a resident of Alabama, then the spouse must have six months residency prior to filing.
• Grounds: there are three “no-fault” options and eight “fault” options when it comes to ground for divorce.
  • No-Fault:
    1. Incompatibility (temperament) – living together is no longer possible.
    2. Irreconcilable differences – the marriage has broken down and it is not practical, or completely futile, to keep trying.
    3. Voluntary separation – one year spent apart before filing.
  • Fault:
    1. Incurable physical incapacitation
    2. Adultery
    3. Imprisonment for two years (of a sentence of at least seven years)
    4. Habitual drug use or drunkenness
    5. Incurable insanity (documented by the superintendent of the asylum in which the person is confined)
    6. Premarital pregnancy without the husband’s knowledge or agency (in favor of the husband)
    7. Domestic abuse or violence
    8. Separation for two years, with no support from the husband, on the part of a wife who has been a resident of Alabama for those two years.
• Documentation:
  • Required:
    • Complaint for Divorce
    • Judgment of Divorce
  • May be necessary:
    • Marital Settlement Agreement
    • Schedule for Visitation/Parenting Time of Minor Children
    • Affidavit of Residency
    • Commission to Take Testimony
    • Affidavit Regarding the Children
    • Answer, Waiver, and Agreement for Taking Testimony
    • …among others

Property Distribution

Alabama divides marital property equitably – which does not mean equal, but rather fair. It is best if the individuals can reach an agreement about the division of property, but if they are unable to do so, the court will determine the division. Not all property is considered marital property. Some exceptions include purchases prior to marriage, separate purchases, and gifts or inheritances.

Some factors judges use to help divide property include the duration of the marriage, ages at the time of wedding and of divorce, marital misconduct, value, income and earning potential of each party, the physical health and emotional health of each party, physical custody of any children, taxes, prior support obligations (to other ex-spouse(s)), etc.

Contact Dunsmore & Benson for guidance through the labyrinth of separation, divorce, or division of property.