Alabama Code Title 30 - Marital and Domestic Relations

Alabama recognizes both fault-based and no-fault divorce. The no-fault ground is 'irretrievable breakdown of the marriage' where reconciliation is impractical or futile. Fault-based grounds include adultery, voluntary abandonment for one year, imprisonment for two or more years on a sentence of seven years or longer, habitual drunkenness or drug addiction contracted after marriage, domestic violence or reasonable fear of it, mental incapacity for five consecutive years, and physical incapacity at the time of marriage. A wife may also file if she has lived separately for two years without support from the husband.

Effective: 2024

If only the filing spouse lives in Alabama, that spouse must have been a resident of the state for at least six months before filing the divorce complaint. If both spouses live in Alabama, there is no minimum residency waiting period. The residency requirement ensures Alabama courts have proper jurisdiction over the case.

Effective: 2024

A husband may seek divorce if the wife was pregnant by another man at the time of the marriage, provided the husband did not know about the pregnancy. This is a fault-based ground that must be proven by the filing spouse. The pregnancy must have existed at the time of the marriage ceremony.

Effective: 2024

Alabama allows legal separation as an alternative to divorce. A legal separation determines the rights and responsibilities of spouses arising from the marital relationship—including property division, support, and custody—but does not terminate the marriage itself. Either spouse can later convert the separation into a divorce proceeding.

Effective: 2024

Alabama follows equitable distribution—the court divides marital property fairly, but not necessarily equally. If a spouse has no separate estate or an insufficient one, the judge may award an allowance from the other spouse's estate. Property acquired before the marriage, or received by gift or inheritance, is generally excluded unless it was regularly used for the common benefit of the couple during the marriage. The court may divide retirement benefits using any equitable method and may enter orders to protect either spouse's interest in those benefits.

Effective: 2024

When a divorce is granted for the misconduct of one spouse, the court may award property from the at-fault spouse's estate to the innocent spouse. Fault—such as adultery or domestic violence—can influence how the court divides assets. The same exclusions for pre-marital property, gifts, and inheritances apply unless the property was regularly used for the couple's common benefit during the marriage.

Effective: 2024

When a divorce or annulment is finalized, certain property transfers made during the marriage—such as beneficiary designations, transfer-on-death deeds, and payable-on-death accounts—are automatically revoked in favor of the former spouse unless the divorce decree specifically provides otherwise, or the parties have a separate written agreement. This protects both parties from unintended transfers after the marriage ends.

Effective: 2024

Alabama's official policy is to ensure that children have frequent and continuing contact with both parents who have shown the ability to act in the children's best interest. The state encourages parents to share the rights and responsibilities of raising their children after separation or divorce. Joint custody does not require equal physical time with each parent.

Effective: 2024

Defines five key custody types. 'Joint legal custody' means both parents share equal decision-making authority on major issues like education, healthcare, and religion. 'Joint physical custody' means the child has frequent and substantial contact with each parent but not necessarily equal time. 'Sole legal custody' gives one parent exclusive decision-making authority. 'Sole physical custody' gives one parent primary residence with visitation for the other.

Effective: 2024

The court must consider joint custody in every case and may award any form of custody in the child's best interest. When both parents request joint custody, there is a rebuttable presumption that joint custody is in the child's best interest. The court weighs factors including: the parents' ability to cooperate, willingness to encourage the child's relationship with the other parent, history of or potential for domestic violence or child abuse, and the parents' geographic proximity to each other.

Effective: 2024

If the court finds that domestic or family violence occurred, there is a rebuttable presumption that placing the child with the perpetrator is detrimental and not in the child's best interest. The court must consider the safety of both the child and the victim parent. Visitation with the abusive parent may only be ordered if adequate safety provisions are in place, such as supervised visitation or protected exchange locations. A finding of domestic violence alone constitutes a change in circumstances sufficient to seek custody modification.

Effective: 2024

A parent planning to relocate with a child must give the other parent 45 days' written notice by certified mail before the move. The non-relocating parent has 30 days to file an objection. If no objection is filed, the move is authorized. There is a rebuttable presumption that relocation is NOT in the child's best interest. The act applies to moves of more than 60 miles or moves to a different state. Courts weigh factors including the child's relationships, quality-of-life improvements, and feasibility of preserving the non-relocating parent's relationship.

Effective: 2024

Alabama uses the income shares model to calculate child support. Both parents' gross incomes are combined, and a basic support obligation is determined from a standardized schedule. Each parent's share is proportional to their percentage of the combined income. Adjustments are made for health insurance premiums and child care costs. The guidelines create a rebuttable presumption for the support amount. Courts may deviate from the guidelines for reasons including shared physical custody, extraordinary medical expenses, or other equitable factors. The guidelines include a self-support reserve; the minimum order is $75 per month.

Effective: 2024

While the divorce case is pending, the court may order one spouse to pay temporary support to the other, based on the paying spouse's estate and the parties' standard of living. This temporary (pendente lite) alimony automatically ends when the final divorce judgment is entered. The court has broad discretion in setting the amount.

Effective: 2024

Alabama courts may award rehabilitative alimony (limited to five years except in extraordinary circumstances) to help a spouse become self-supporting. If rehabilitation is not feasible, courts may award periodic alimony, which generally cannot exceed the length of the marriage. To qualify, the requesting spouse must lack means for self-support at the marital standard of living, the other spouse must be able to pay without undue hardship, and the award must be equitable. Courts consider each spouse's assets, earning capacity, age, health, education, and work history. Either party can request modification upon showing a material change in circumstances.

Effective: 2024

Periodic alimony automatically terminates when the receiving spouse remarries. It also terminates if the receiving spouse cohabits with another person in a romantic relationship, defined as two adults dwelling together continually and habitually. This applies to both heterosexual and same-sex cohabitation. However, alimony in gross (a lump-sum property settlement) is not affected by remarriage or cohabitation because it is considered a vested property right, not ongoing support.

Effective: 2024

Divorce complaints must be filed in the circuit court of the county where the defendant resides, or where the parties lived when they separated. If the defendant is a nonresident of Alabama, the complaint is filed in the county where the filing spouse resides. Filing in the wrong county can cause delays while the case is transferred to the correct venue.

Effective: 2024

Alabama imposes a mandatory 30-day cooling-off period. The court cannot enter a final divorce judgment until 30 days after the complaint and summons are filed. During this waiting period, the court may still issue temporary orders for custody, child support, spousal support, exclusive use of the marital home, and restraining orders to protect the parties.

Effective: 2024

Governs the general procedures for divorce proceedings in Alabama circuit courts. After a divorce is granted, both parties have the right to remarry, subject to the 60-day restriction in §30-2-10. The defendant is not required to file a sworn answer, and the absence of an answer does not constitute an admission of the complaint's allegations.

Effective: 2024

Neither party may remarry anyone other than each other until 60 days after the divorce judgment is entered. If an appeal is filed within 60 days, neither party may remarry (except to each other) during the appeal. A marriage to a third person that takes place in Alabama within this 60-day window may be considered void. The parties may remarry each other at any time after the divorce.

Effective: 2024

An Alabama court must refuse to grant a divorce if it finds collusion between the parties (conspiring to manufacture grounds), condonation (the innocent spouse forgave the misconduct), or recrimination (both spouses are guilty of grounds for divorce). These defenses apply to fault-based grounds and can prevent a divorce from being granted even when fault is proven.

Effective: 2024

Alabama's Protection From Abuse Act provides emergency protection for victims of domestic violence. Any person age 18 or older (or emancipated) who is a victim of abuse or fears imminent abuse may petition for a protection order at no cost. Courts can issue ex parte orders without a hearing, granting immediate relief including removing the abuser from the home, awarding temporary custody and support, and prohibiting contact. A full hearing must be held within 10 days of service. No residency requirement applies to the victim.

Effective: 2024

Alabama adopted the Uniform Collaborative Law Act effective January 1, 2014, allowing divorcing couples to resolve disputes outside of court. Both parties and their attorneys sign a participation agreement committing to negotiate in good faith with voluntary financial disclosure. If the process fails and contested litigation begins, both collaborative lawyers must withdraw and the parties must hire new attorneys. Communications during the collaborative process are confidential and privileged.

Effective: 2024

Spouses may enter into contracts with each other, including prenuptial agreements, but these contracts are subject to rules governing confidential relationships. A valid prenuptial agreement must be in writing, signed voluntarily with adequate financial disclosure. Courts will enforce a prenup only if it is fair, just, and equitable—an agreement that heavily favors one spouse may be invalidated. Prenuptial agreements cannot address child custody or child support. Alabama has not adopted the Uniform Premarital and Marital Agreements Act.

Effective: 2024

A spouse may request restoration of a former name as part of the divorce proceeding. The name change must be specifically requested in the settlement agreement and granted in the final divorce decree. If not addressed during the divorce, a separate name change petition can be filed in probate court at any time after the divorce—there is no deadline. Obtaining the name change during the divorce is simpler than filing a separate petition later.

Effective: 2024

Alabama adopted the UCCJEA to determine which state has jurisdiction over child custody disputes when parents live in different states. The child's 'home state'—where the child lived for at least six consecutive months before the proceeding—has primary jurisdiction. The act prevents parents from seeking a more favorable court in another state and provides enforcement mechanisms for out-of-state custody orders. Alabama courts must recognize and enforce valid custody determinations from other states.

Effective: 2024