All Rights Reserved. Married couples in Alabama can seek a divorce for any one of twelve reasons. There is no criminal penalty for adultery in Alabama. Divorce In Alabama Adultery. This means that they will be divided fairly and equitably, although not necessarily on a 50/50 basis. Asset division is slightly more complicated. Divorce Law Alabama law allows for filing of divorce under both fault and no-fault grounds. Under the Code of Alabama, 1975, Section 13A-13-2 titled 'Adultery' that crime is defined as: "(a) A person commits adultery when he engages in sexual intercourse with another person who is not his spouse and lives in cohabitation with that other person when he or that other person is married. When it comes to no-fault divorce, no particular reason is given for why the spouses are divorcing—it’s enough that one spouse says the marriage is broken and can’t be fixed. This is an overview of the Divorce Laws in Alabama. Alabama requires you to live in the state for a minimum of six months before you can file. how alimony works in Alabama in greater detail here. Read the full disclosure in our terms of service. To discuss Alabama divorce law, contact an attorney at Alabama Divorce & Family Lawyers, LLC by calling (205) 255-1155 or using our online contact form. Military Protection From Alabama Divorce Proceedings. 3 The actual affect of any adultery will depend on the judge hearing your divorce case. A way to protect a gift or inheritance is to have a spouse sign a pre- or postnuptial agreement whereby he or she agrees that the asset belongs exclusively to the other spouse, no matter how it is used in the marriage. Alabama Divorce – Ashley Madison and Adultery. As of January 1, 2018, the 10-year requirement has been eliminated, giving courts greater discretion over apportionment of retirement accounts. It should be noted that any premarital debt acquired by one spouse is their debt exclusively, unless the other spouse added to that particular account (such … Alimony is not automatically awarded as part of every divorce in Alabama. a physically and incurably incapacitated spouse at the time of the marriage, abandonment of the marriage for a period of at least 12 months, a mental illness that caused a spouse to be institutionalized for at least 5 consecutive years and the spouse is incurably insane at the time of the divorce filing, imprisonment for at least 2 years, with a sentence of at least 7 years in prison. Alabama Alimony Laws 2018 . The law in Alabama provides that a judge can make an allowance to either spouse out of the estate of either spouse, or not make an allowance as the circumstances of the case may justify, and if an allowance is made, the misconduct of the spouse may be considered in determining the amount. Abandonment, domestic violence, substance abuse, and adultery are some of the claims that can be made for a fault divorce. Spousal abandonment is a fault ground for divorce with potential consequences in property division, alimony and child custody. In fact, some jurisdictions award the non cheating spouse with automatic spousal support, because the alienation of affection is treated as the cause of the dissolution of marriage. Q: What are the recognized grounds for divorce in Alabama? If the substance abuse is severe, Alabama courts will not allow a parent to take custody of a child if there is a danger to the child.  The court always places the best interests of the child at the forefront of these discussions. Here are a few of our favorite resources: Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. The divorce attorneys in our Dothan office will work to uncover if your spouse has a wandering eye, and help you plan your exit strategy. Alabama bases child support on what is known as the “Income Shares Model.”  This is based on the concept that a child should receive the same ratio of support from each parent that they would have been given had the parent’s relationship remained intact. Individuals in Birmingham and the surrounding area who are going through a divorce with a marriage that involved adultery frequently benefit from retaining the services of a skilled Birmingham divorce attorney. The present and future earning capacity of each spouse, including if a spouse’s ability to earn an income has been impacted by being a stay-at-home caretaker. Alimony can be granted on a temporary or a permanent basis in Alabama.  The amount and duration are based on the circumstances that are unique to each divorce. Adultery is one of the grounds for divorce in Alabama. Search by Keyword or Citation; ... Next » (a) A person commits adultery when he engages in sexual intercourse with another person who is not his spouse and lives in cohabitation with that other person when he or that other person is married. The residency requirement for filing a divorce in Alabama stipulates that you or your spouse has resided in the county where you filed for divorce for at least six months if the divorce is contested. Like all other states, Alabama recognizes that both parents must provide for the well-being of any children, whether they are married or not. The grounds for military divorce are the same as they are for a civilian divorce in Alabama.  You can either cite a no-fault ground of irreconcilable differences, or a fault based reason including: When a spouse is in the military, they have certain protections afforded to them by the Servicemembers Civil Relief Act.  This allows them to postpone the divorce while they are overseas or otherwise not able to adequately respond to the petition due to military service commitments. You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page. Grounds are legally acceptable reasons for a divorce. Over the last few weeks the topic of the hacking of the Ashley Madison website, and the subsequent release of personal information, including email addresses for subscribers has set off a flurry of activity in any number of directions, many of which are associated with adultery and divorce. Alabama law requires evidence that the adulterer and the individual they are committing adultery with wish to continue their relationship in spite of an existing marriage. The state recognizes grandparents’ visitation rights as well. Survive Divorce is reader-supported. While adultery can influence a divorce in Alabama in several ways, one of the most significant roles that adultery plays in divorce is as a potential ground upon which divorce can be claimed. To file for divorce in Alabama, you need to be a resident of the state. In 17 states, fault options have been abolished entirely and adultery will not be considered in any aspect of divorce. Alabama Code Title 13A. The effect on the child of disturbing for disrupting or continuing in existing custodial situation. Direct Proof. Below you will find state-specific information about divorce in Alabama. Adultery can be hard to prove, and a feeling or a belief that your spouse committed adultery isn't going to be enough. Criminal Code § 13A-13-2. Alabama Divorce Laws On Property . Under Alabama law (new and old), the court may consider any adultery when deciding to grant either periodic or rehabilitative alimony. A divorce in Alabama may be granted for any of the following reasons: adultery (your spouse cheats on you); your spouse has abandoned you for a period of at least one year immediately before filing for divorce; your spouse is imprisoned for two years, when the sentence is seven years or longer; In some cases, an at-fault divorce is pursued because it can entitle the suing spouse to a greater share of marital property or even punitive alimony payments if their partner's fault is proven. August 28, 2015 by William K. "Chip" Bradford. One spouse only needs to say the marriage is broken and can’t be fixed. Alabama Mandatory Online Parenting Class Easy and convenient - complete at your own pace online. It must be demonstrated that one spouse has a financial need and that the other spouse has a financial ability to pay.  Alabama courts also place a great emphasis on the length of the marriage.  Longer marriages will result in more generous awards to the spouse in need. If a couple files for a no-fault divorce, the reasons must be due to incompatibility of temperament, irretrievable breakdown, and voluntary abandonment from bed. Demonstrating to a court of law in Alabama that adultery has occurred, however, can prove to be a substantial obstacle. There is always temporary relief or as the law calls it pendente lite relief available and you need to seek it yesterday. Proving adultery is often difficult as evidence must exist of at least one act of adultery. If you would like a court to grant your divorce based on your spouse’s actions, Alabama law allows you to file for a fault-based divorce. Alabama law requires in most situations that evidence be provided of an agreement between the spouse and the spouse’s extra-marital partner to continue committing adultery. In some situations when adultery was a substantial factor in the dissolution of the marriage, however, a judge may withhold an alimony order from a spouse. Alabama is an equitable distribution state.  This means that in a divorce, courts will divide property in a fair and equitable manner.  But equitable does not mean a 50-50 split. Alabama divorce laws may change for several reasons, but generally due to the legislature making changes to it, or courts rendering legal decisions that affect how laws are to be interpreted and utilized. Survive Divorce does not provide legal, financial, investment, or tax advice. What role does adultery play in an Alabama divorce? Abandonment as Grounds for Divorce in Alabama. 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