Alabama Family Law

Alabama laws are created and revised by the actions of lawmakers and the courts, as in other states. Click on the links below to learn more information.

1.State statute	Alabama State Statute
2. Fault or no-fault (typically when a state allows fault based and no-fault divorce, fault based divorces require no separation period.	Fault based
3. Equitable distribution or community property	Equitable
a. Methods of apportionment
i. Periera and Van Camp in CA
b. Property distribution factors
4. Legal separation?
a. Waiting period/Separation period	2 years
5. Is mediation required	Ala. Code. § 6-6-20
6. Forms used	Ala. Code § 30-2-1 – § 30-2-12
7. Alimony guidelines and factors	Ala. Code §§  30-2-51, Ala. Code §§ 30-2-52
Alimony formula	Ala. Code §§  30-2-51, Ala. Code §§ 30-2-52
a. Types	Ala. Code §§  30-2-51, Ala. Code §§ 30-2-52
b. Term Limits
Cohabitation	Automatic
c. Imputing income
d. Change in circumstances
e. Ceases on retirement
Impute income on early retirement	Mann v.
Early retirement for health reasons is involuntary
f. Definition of income
8. Child support factors and guidelines	Ala. Code §§ 30-3-195
9. Child support calculator
10. Lump Sum  Support allowed?
11. Valuation
a. Valuation date	Trial
b. Goodwill divisibility	No decision
c. Standard of value	Fair Market
d. Discounts	No
e. Shareholder/partner agreements
12. Double dip
a. Stock options
b. Retirement accounts
c. Child support
13. Key cases
14. Premarital agreements	Ala. Code § 30-4-9
15. Common law	Alabama has three requirements to create a common law marriage. First, the couple must have the capacity to marry, meaning that both are of legal age and mentally competent to marry. Second, the couple must intend to be married. Third, the couple must represent themselves to friends, family and the community as a married couple. Simply living together does not create a common law marriage unless all three of these requirements are met.

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