Frequently Asked Family Law Questions

How long do I have to be a resident of the State of Alabama before I can file for a divorce?

You have to be a resident in the State of Alabama for six (6) months prior to filing a divorce.

What is the process of divorce?

Usually one spouse obtains a lawyer who prepares a complaint for divorce that sets forth the reasons it should be granted and outlines the relief sought. That complaint is served on the other spouse, who has 30 days to respond. The spouse’s answer must set forth the relief that the answering spouse requests. The parties then engage in "discovery," which is the exchange all documents and other information relevant to deciding the issues in the case. If a settlement is reached, papers are drafted containing all details and are signed by the parties and the attorneys. If the judge approves the agreement, he or she issues a divorce decree that includes the terms to which the parties agreed. If no agreement can be reached, the case will go to trial. At trial, the attorneys present evidence and arguments for both sides, and the judge decides the unresolved issues, including child custody and visitation, child and spousal support, and property division, and grants the divorce. Either or both parties can appeal the judge's decision to a higher court. The entire process can take from as little as nine months to as long as two years.

What is a no-fault divorce?

A no-fault divorce is a divorce rendered on the basis of incompatibility of temperament or irretrievable breakdown of the marriage as opposed to a fault ground, which includes adultery or cruel treatment.. The court does not, under such circumstances, have to make a finding of fault against either party.

Under what circumstances will the court award alimony?

If a divorce will leave one spouse with very little income and the other with enough to contribute to the low-income spouse's support, a court may award alimony, at least temporarily. Either spouse may be awarded alimony if the other has the more substantial income and the recipient spouse's income is insufficient to support him or her at the level to which the spouses were accustomed during the marriage. The amount and duration of alimony depend on several factors, including:

• The length of the marriage;
• The age of each spouse;
• The health of each spouse;
• The ability of each spouse to be self-supporting, including a consideration of responsibilities to the parties' minor children, if any;
• The income of the primary breadwinner; and
• The standard of living the parties enjoyed during the marriage.

What are the different types of child custody?

Legal custody includes the legal right to make major decisions affecting the best interest of a minor child, including, but not limited to, medical, religious, and educational decisions. Physical custody pertains to the actual physical possession and control of a child. Shared custody may mean shared legal or shared physical custody, or both, of a child in such a way as to assure the child of frequent and continuing contact with and physical access to both parents.

What factors does a Court use in determining child custody?

The Court may consider a variety of factors including the parent’s physical and mental health and lifestyle, the child’s age, sex and physical and mental health, the emotional bonds between the parent and the child; domestic violence, each parent’s ability to give the child guidance, willingness to cooperate with the other parent and to provide the basic necessities, and in some cases the child’s preference.

How is child support calculated in the State of Alabama?

Each state has developed guidelines that help establish the amount of child support that must be paid by a non-custodial parent. Alabama’s child support guidelines are found in the Alabama Rules of Judicial Administration at Rule 32. Rule 32 provides for a calculation of child support based on the gross income of each party, the daycare expenses of the children and the cost of health insurance for the children.

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