Divorce Guide

Divorce Guide

Alabama Divorce Custody

United States of America is a country which records one of the highest numbers of divorce settlements in the world. A divorce is defined as a legal settlement in which a married couple agrees to terminate their marital relationship. There could be many reasons for the separation. This legal action, infact ends the marital relationship of a couple well before the death of either of the spouses.

Alabama State in the United States of America has its own divorce related laws and the citizens of Alabama have their exclusive divorce related rights. It is the circuit court of the state which entertains the divorce related cases. To file a case related to the divorce, either of the parties must be a bona fide resident of the state of Alabama for six months.

There may be a number of grounds for filing a case of divorce. These different grounds may be divided under two categories. In the No Fault category, either of the parties might not be willing to live together or there is no scope of reconciliation and all efforts of reconciliation are found to be futile. In another scenario there might be a voluntary separation of beds for a period of one year. The Fault category consists of a number of grounds of separation. Habitual drunkenness, imprisonment for two years, physical incapacity, admitted in a mental hospital for five years, pregnancy of wife at the time of marriage without the knowledge of the husband, couple living separately for a period of two years or physical violence and domestic abuse.

There are different circuit courts in Alabama. These circuit courts assign the case numbers and they mention the name of the court in all the documents filed. The spouse who files the case is called the Plaintiff and the non-filing spouse who receives the divorce papers is called as Defendant. The plaintiff may be asked to submit a number of documents before filing the case. These documents vary from marital agreement to affidavit of residence. The plaintiff may also be asked to submit an affidavit regarding the children.

It has to be noted that the principle of equitable distribution is followed in Alabama. Hence laws define that the property should be equally divided. But this does not mean an exact equal distribution, rather it means, there will be a fair distribution of property and resources.

After the divorce, it is not necessary that either of the spouses will get support from the other spouse. It is the discretion of the court to decide on the amount so as to support either of the spouses and it varies from case to case. After the settlement, if either of the parties does not follow the judgment, it is considered to be misconduct.

The cases in which a minor child is involved, alimony advice is important. The court makes every possible effort to avoid the child from any emotional trauma. The court decides as to which of the parties will be responsible for the upbringing of the child. The court as per the Alabama child support guidelines decides the amount which should be divided between the parents. The court on its discretion may also allow the wife to use her maiden name after the settlement of the divorce case.

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