Monday, 17 December 2012 11:09

Divorce

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When a marriage ends, grounds for divorce must be proven in a court of law or agreed upon in a divorce settlement.

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The Alabama Marriage Protection Act defines marriage in Alabama as "a sacred covenant, solemnized between a man and a woman, which, when the legal capacity and consent of both parties is present, establishes the relationship as husband and wife." Marriage in Alabama forms a contract where the parties have certain rights such as fellowship, companionship, cooperation and comfort.

When a marriage ends, grounds for divorce must be proven in a court of law or agreed upon in a divorce settlement agreement. In Alabama, grounds for divorce are set forth in the laws of the State. There are two "no-fault" grounds for divorce, "incompatibility of temperament" and "irretrievable breakdown of the marriage". The common fault based grounds are physical and incurable incapacitation, adultery, abandonment, imprisonment, crimes against nature, habitual drunkenness or addiction, insanity, pregnancy at the time of marriage without the husband's knowledge, violence and reasonable fear of violence, and separation without support.

Alabama's laws regarding divorce include certain requirements such as child support for the children for the party having custody of the children. Child Support is generally calculated by state guidelines. Alimony in Alabama is not guaranteed but can be contained in a settlement agreement, otherwise, in a trial the alimony issue is left to the sole discretion of the judge. There are rules designed to ensure an equitable division of property.

Divorces may be contested or uncontested. An uncontested divorced can be made final 30 days after the filing of the paperwork, including a settlement agreement and there is no need to go to court. A contested divorce does not necessarily mean a trial, but there will be court dates. A skilled attorney may be able to help iron out the issues and help the parties come to a settlement, saving time spent in Court.

Read 1495 times Last modified on Wednesday, 04 September 2013 10:18
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