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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