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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| Choose a state form the list below for state-specific family laws, including legal requirements for divorce, marital property rules, child support guidelines, and much more. |
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