In order to get the divorce in state of Alabama, either of the party is required to be resident of this state. If it is not so, then the filer has to be residing in Alabama for at least 6 months.
Alabama caters both no-fault and fault divorce reasons. In case of no-fault category, a filer may raise the issue of some irrecoverable breakdown in the relationship. Other no-fault issues may arise due to a separation for a long time or differences in the temperaments of both parties. In case of fault reason divorces, a filer may come up with issue like adultery observed in the spouse. Drinking habits, exploited use of drugs and alcohol, aggression and violence leading to the fear of insanity, and failing to meet the satisfaction of either of the party. Offences and imprisons are also the reason among the fault based divorce cases.
Alabama courts do their best to provide the children with their basic necessities in terms of their affection with their parents. However, age and decision making ability of the child, his health and physical needs, and the requirements for the education are also considered in giving the custody of the children to either of the parents. Sometimes, courts of Alabama decide the joint custody for the better upbringing of the child if it is going to be spoiled in giving it to any of the party. Geographic location of both the parties is also brought into consideration whilst giving the custody of the child to either of two. Though, whoever gets the custody of the child, the moment he or she gets married to another person, the right of custody is immediately taken back by the courts.
State of Alabama also provides the alimony to the either of the spouse provided he or she meets all the requirements. In case of divorce, both the parties get the equal rights in property and retirement funds or any other financial instruments. However, all these tangible and intangible assets must have been obtained during or after the marriage. Nonetheless, if either of the spouses has already gone into relationship with a person of opposite sex, then he or she cannot claim anything.
To claim for the child support rights, both the spouses have to follow Child Support Guidelines that comes from Alabama Rules of Judicial Administration. Both the parties have to contribute according to the amounts defined by these guidelines unless any of them are unable to provide it. In case of non-payment, driving license can be cancelled.
In case of divorce, both the parties get the halves of all sorts of the assets and properties that are neither the personal gifts nor inheritances.
State of Alabama provides no official provision for mediation.
There is no need of a lawyer when applying for divorce in the state of Alabama . A divorce case which is filed without any help of an attorney in any of the states is known as Pro Se Divorce.
Literally, Pro Se is a Latin phrase and it means "on her or his own". Process of getting the divorce without the help of lawyer may vary from one State to another. These types of divorces are perfectly legal and enforceable in Alabama , and are actually very convenient. Usually, once settlements have been made regarding property distribution and custody matters among the spouses in case of a mutual divorce, Pro Se Divorces are filed.
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