Statutory Reference to Code of Alabama:            

Divorce: § 30-2-1

Property Division: § 30-2-51

Alimony: § 30-2-52

Custody: § 30-2-150 et seq.

Child Support: Rule 32, Alabama Rules of Judicial Administration

Proper and Alimony: §§ 30-2-1 through 30-2-55

http://www.legislature.state.al.us/CodeofAlabama/1975/22063.htm

 

Residence:

When the defendant is a non-resident, the plaintiff must have been a bona fide resident for six months. 

 

Grounds:           

(1)             physical and incurable incapacitation at time of marriage

(2)             adultery

(3)             voluntary abandonment for one year

(4)             imprisonment for two years

(5)             crime against nature

(6)             drug or alcohol addiction

(7)             complete incompatibility of temperament

(8)             confinement to a mental hospital for five years with no hope of recovery

(9)             irretrievable breakdown of marriage

(10)          if the wife was pregnant at the time of the marriage, unbeknownst to the husband

(11)          Physical abuse

(12)          Living separate and apart for two years without support

 

 

Distribution of Property:

Dual classification of property, excluding from the marital estate inheritance or gift, except that such property may be considered if used regularly for the common benefit of the parties during the marriage.  Retirement benefits may not be considered unless the parties have been married 10 years.  Misconduct may be considered. 

 

Alimony/Spousal Support:

Temporary: The court may make allowance for the support of either spouse pending the divorce. 

 

Permanent: If either spouse has no separate estate or if it is insufficient for the maintenance of a spouse, the judge my order to a spouse an allowance out of the estate of the other.  Alimony terminable upon proof that recipient is living openly or cohabiting with a member of the opposite sex.

 

 

Child Custody/Visitation:

Custody to father or mother, as may seem right and proper.  The court shall in every case consider joint custody but may award any form of custody which is determined to be in the best interests of the child.  The court may require bond to secure compliance with visitation orders.

 

 

Child Support:

Child Support Guidelines at Rule 32, Alabama Rules of Judicial Administration.

Based on income shares model.  Support terminates when child graduates from high school.  Court may require parents to post-minority support for child's college education.