Alabama

Marriage & Family Law Home

How is Alimony Granted?

In the state of Alabama, alimony is received after a divorce only if the marriage and the resulting divorce, fit into a few restrictions. ....... Click here to get more info on Alimony

What Factors are Considered in Determining Child Support?

Upon granting a divorce, the court may give the custody and education of the children of the marriage to either father or mother, as may seem right and proper, having regard to the moral character and prudence of the parents and the age and sex of the children; and pending the action, may make such orders in respect to the custody of the children as their safety and well-being may require. ....... Click here to get more info on Child Support

Which Factors are Considered in a Custody Proceeding?

The court shall consider the same factors considered in awarding sole legal and physical custody through the following factors:

• The agreement or lack of agreement of the parents on joint custody



• The past and present ability of the parents to cooperate with each other and make decisions jointly



• The ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent



• Any history of or potential for child abuse, spouse abuse, or kidnapping



• The geographic proximity of the parents to each other as this relates to the practical considerations of joint physical custody

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The court may order joint custody without the consent of the parents if it is in the best interest of the child.

If both parents request joint custody, then joint custody is considered to be the best interest of the child.

....... Click here to get more info on Custody

What are the Grounds for Divorce?

The circuit court has power to divorce persons from the bonds of matrimony, upon a complaint filed by one of the parties, for the causes following:

• In favor of either party, when the other was, at the time of the marriage physically and incurably incapacitated from entering into the marriage state.
  
  
• A divorce judgment is awarded to both parties, upon application of either the husband or wife, when the court is satisfied from all the testimony in the case that there exists such a ....... Click here to get more info on Divorce

How are Visitation Rights Granted?

Grandparent Visitation

For the purposes of this section, the term "grandparent" means the parent of a parent of a minor child, including an adopted child, the parent of a minor child's parent who has died, or the parent of a minor child's parent whose parental rights have been terminated when the child has been adopted.

Dealing with stepparent and relative adoption. Except as otherwise provided in this section, a grandparent may file an original action for visitation rights to a minor child if it is in the best interest of the minor child and one of the following conditions exist:

One or both parents of the child are deceased.

The marriage of the parents of the child has been dissolved.

A parent of the child has abandoned the minor.

The child was born out of wedlock.

The child is living with one or both biological or adoptive parents, who are still married to each other

Any grandparent may intervene in and seek to obtain visitation ....... Click here to get more info on Visitation

How does Property Division Work?

The judge may not take into consideration any property acquired prior to the marriage of the parties or by inheritance or gift unless the judge finds from the evidence that the property, or income produced by the property, has been used regularly for the common benefit of the parties during their marriage. ....... Click here to get more info on Property Division