You can contact an Alabama divorce attorney if you would like legal assistance with a divorce or marital property matter. However, spousal abandonment is the second leading cause of fault divorce. After a guilty plea or conviction, the court may require probation, suspend the sentence and issue a court order for ongoing, regular payments of financial support to the abandoned spouse. Abandonment means that one spouse has left the other spouse without consent. Under longstanding Alabama law, a divorce court could not allow one party a share of the other’s retirement account unless the couple had been married for at least 10 years. However, since you can get a divorce with or without your spouse's permission in no-fault states, filing on the grounds of abandonment doesn't hold much legal water these days. When one spouse just up and leaves the marriage, the other may have a fault ground for divorce -- abandonment, which is also known as desertion, a term with very unfavorable connotation. Alabama divorce forms with detailed filing instructions, Alabama divorce laws, and total customer support to guide you through a no-fault divorce in Alabama. There are not separate abandonment laws in Alabama. • Requirement 1: Plaintiff must be a bona fide resident of the state of Alabama for at least six months before filing (if Defendant is a non-resident). If you file on fault grounds, you are claiming that the marriage failed because of the other spouse’s actions. This means that they will be divided fairly and equitably, although not necessarily on a 50/50 basis. Try Before You Buy! (a) The circuit court has power to divorce persons from the bonds of matrimony, upon a complaint filed by one of the parties, entitled “In re the marriage of ․․․․․․․․․․․․․․․․․․․․․․․․ and ․․․․․․․․․․․․․․․․․․․․․․․․,” for the causes following: Alabama marriage laws specifically prohibit spousal desertion and nonsupport. She writes for various websites on legal topics and other areas of interest. Under Alabama law, a parent also commits abandonment if he or she fails to claim their parental rights or fails to fulfill their parental … Alabama divorce laws include several grounds for legally ending a marriage. This means that (with some exceptions) any income or property that you or your spouse come into during the marriage is considered to be jointly owned by both of you. In many situations, custody that is granted temporarily because the other spouse has left the marital home eventually turns into permanent custody of the children. This is a sampling of child abuse laws by state. Grounds For Divorce In Alabama In Alabama, the grounds for divorce can be divided into two basic categories, fault and no fault. States like Alabama and Maryland allow spouses the option of filing a fault divorce using abandonment as a ground for their request. In Alabama, a divorce can be completed on average in a minimum of 210 days, with court fees of $154.00. If a spouse leaves a husband or wife without adequate financial support, the deserted spouse may file a complaint for criminal desertion as a misdemeanor in the state court. No credit card is needed to start. Judges are allowed to make decisions that take into consideration an individual’s abandonment or other types of misconduct. The Alabama State Bar requires the following statement: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. A divorce based on abandonment cannot be filed immediately following the act of desertion. A parent may abandon a child by withholding their presence, love, care, maintenance, protection or the opportunity to receive family affection. Debts in Alabama are treated just like assets in a divorce. The severing of ties with the family by a spouse who forsakes his responsibilities to the family. No need to navigate the legal waters alone, Law for Families is here to help! Abandonment can also be the cause of termination of parental rights. Alabama Code - Section 13A-13-5: ABANDONMENT OF CHILD (a) A man or woman commits the crime of abandonment of a child when, being a parent, guardian or other person legally charged with the care or custody of a child less than 18 years old, he or she deserts such child in any place with intent wholly to abandon it. No-fault divorce laws are in place to make sure anyone who wants a divorce is able to get a divorce. To satisfy Alabama’s abandonment requirements, individuals must demonstrate that a spouse was absent from both the marital home and relationship for at least one year prior to the initiation of the divorce. Alabama Divorce Laws The state of Alabama has unique divorce laws for people who wish to terminate their marriage. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in Alabama for a minimum of six months. It is also considered abandonment if a parent does not have a good cause or excuse and withholds certain needs of the child. This is known as voluntary termination of parental rights. Plus complimentary access to the divorce portal forum, and support groups. Copyright © 2021 Alabama Divorce & Family Lawyers, Types of Divorce Cases Alabama Divorce & Family Law Handles, Drug or Alcohol Addiction as Grounds for Divorce, Homemaker Contributions in Alabama Divorces, Proof of Cohabitation and Terminating Support. Abandonment Divorce - Understand Abandonment Divorce, Divorce, its processes, and crucial Divorce information needed. You will, however, pay for your desire to no longer be your sick spouse’s caretaker. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. Alabama Marital Property Laws: Related Resources Sorting out marital property issues during a divorce can be complex, emotionally and legally. Cindy Chung is a California-based professional writer. This means that one spouse leaves without the intent of returning. Homepage » Birmingham Divorce Lawyer » Abandonment as Grounds for Divorce. In particular, Alabama law establishes an abandoned spouse's right to support and penalizes an absent spouse for desertion. Spousal abandonment is a fault ground for divorce with potential consequences in property division, alimony and child custody. Abandonment and Leaving the Home It is possible that the other spouse will have a higher chance of keeping the marital home if the individual leaves the property without consent, without communicating the matter and with the intent of leaving the marriage. When a husband and wife have children together, abandonment of the family by one of the spouses might affect an Alabama court's rulings on child custody in the future. Read More: The Difficulty of Claiming Abandonment as Divorce Grounds in Alabama. Dividing up the marital estate in a divorce based on abandonment As you probably know Texas is a community property state. Additional payment options are available in the divorce portal. CompleteCase.com – Offers an affordable way to file for uncontested divorces online. Under Alabama law, abandonment is a parent’s intentional, voluntary relinquishment of the custody of a minor child. Termination of Parental Rights in Alabama Under Alabama law, there are several situations in which a court may order the termination of parental rights for one or both parents. As a result of the influential nature of abandonment, individuals who abandon a spouse must understand that this decision can have several negative long term consequences. We are providing this Alabama divorce information as a reference guide to help you through the process. Many divorces can be completed in this time. If you’re ready to hire a family attorney, there are many ways of getting in touch: Alabama law establishes certain regulations governing how divorce occurs within the state. Alabama state laws establish spousal rights in marriage and divorce after abandonment. Alabama Online Divorce Services: LegalZoom.com – An online documentation service that helps users file for divorce. If an absent spouse does not reply within a specific time period, the divorce process may also still continue. One of these divorce statutes cites the various grounds upon which an individual in the state of Alabama may file for a divorce. Although the judge might make an allowance from the couple's marital property, the judge cannot include property earned or acquired before marriage or received as a gift or inheritance during the marriage. Spousal abandonment is a fault ground for divorce with potential consequences in property division, alimony and child custody. If you are interested in claiming abandonment the grounds for divorce or have a spouse who is in the process of filing an abandonment claim against you, do not hesitate to contact a skilled Birmingham divorce attorney. When a fault-based divorce is granted, Alabama law allows the judge to “make an allowance to either spouse out of the estate of either spouse, or not make an allowance as the circumstances of the case may justify, and if an allowance is made, the misconduct of the spouse may be considered in determining the amount.” In some states, filing a no-fault divorce may require that you and your spouse live separate and apart for a specific period of time. Residency Requirements: In order to file for a divorce in Alabama, you or your spouse must meet the strict residency requirements. Among the potential grounds for divorce is abandonment. The person that moves out may still have a right to the marital home during a divorce or even in separation. In other words, the courts can't force you or your spouse to stay in a marriage. This person has left their spouse and severed all ties and responsibility – including related financial obligations – without good reason. To be considered child abandonment in Alabama, a parent or legal guardian must leave a minor child with no money, clothing, shelter, food, or communication for over 3 months. Accordingly, the spouse claiming abandonment must establish that the couple kept separate homes and did not engage in intimate relations during the required period of time. Alabama state laws allow a judge to review either party's misconduct and make an allowance to the abandoned spouse in consideration of the misconduct. Some specific examples of abandonment include when: one spouse physically leaves the other spouse, an individual that has moved fails to support the other spouse, or the individual who moved out of the marital home refuses to have intercourse without justifiable reason with the other spouse. Abandonment in the state of Alabama can also greatly influence how custody issues are decided. Despite being abandoned by a spouse, the laws of the state Alabama require that the individual who initiates the divorce makes a reasonable attempt to serve the other spouse with divorce papers. In Alabama, a continuous absence from the marriage “bed and board” is considered voluntary abandonment. A spouse can claim abandonment if the other spouse has left without discussion or any plans for support and payments for mortgages and other necessities. Abandonment means that one spouse has left the other without consent, but like adultery proving desertion means more than that a person left home without the consent of the other spouse. She holds a B.A. In the event that the other spouse’s address cannot be found, individuals initiating a divorce are required to provide a court of law with a sworn statement regarding the situation. Customized divorces and complex cases can range from $5,000 to more than $100,000, depending on a variety of factors, such as case complexity, assets, and child custody. Updated February 17, 2018 To file for a divorce in Alabama, one party must be a bona fide resident (which must be alleged in the complaint and proven) of the state for six months before the filing of the complaint. The parent who is left behind with children often automatically has custody over the couple’s children. [Based on Alabama State Divorce Code - … Voluntary abandonment for a period of at least one year may serve as a ground for divorce. Alabama Divorce Laws: The Basics Alabama has a six-month residency requirement to file for divorce, and a 30-day waiting period before a divorce can be final. Abandonment used as the grounds for divorce may affect the division of the couple's property. An abandoned spouse may decide to file for divorce if the spouses cannot repair their relationship. If the wife is the parent who abandoned the family, the Alabama court generally must award custody of children older than seven years of age to the children's father unless he is not suitable or fit to parent. In addition, fault-based divorce can also affect a judge's ruling on alimony. If a spouse moves out of the home but the individuals continue a relationship then a divorce based on the grounds of abandonment will not stand. Abandonment means that one spouse has left the other spouse without consent. In particular, Alabama law establishes an abandoned spouse's right to support and penalizes an absent spouse for desertion. In order to prove abandonment to satisfy the grounds for divorce, individuals are able to use direct or constructive evidence to demonstrate this claim. The Difficulty of Claiming Abandonment as Divorce Grounds in Alabama, Alabama State Bar: Legal Aspects of Divorce, DivorceSource.com: Alabama: State Divorce Laws, DivorceSupport.com: Alabama Property Division Factors. However, parties could enter into an agreement to split retirement accounts, even if they had been married for less than 10 years. These laws may control matters such as how long you must wait before dealing with the property and what kind of notice, if any, you have to give the tenant before taking action. In some circumstances, a parent can relinquish parental rights. Alabama Divorce Laws Residency and Filing Requirements: In order to file for a divorce in Alabama, residency requirements must be met for the court to accept the case. To satisfy Alabama’s abandonment requirements, individuals must demonstrate that a spouse was absent from both the marital home and relationship for at least one year prior to the initiation of the divorce. Constructive Abandonment. Individuals who seek to claim abandonment as a grounds for a divorce often require the assistance of experienced Birmingham divorce attorney who can help in a variety of situations including making sure that individuals present ample evidence to a court of law that abandonment occurred. The plaintiff must state the grounds claimed for the divorce in the complaint. Alabama state laws establish spousal rights in marriage and divorce after abandonment. Abandonment in Alabama can affect a court’s determinations of how a couple’s property should be divided. Law for Families provides all the legal information that you and your family need. Instead, abandonment is part of the state’s law relating to divorce. Child abuse laws differ by state, both in how they define child abuse and how the laws are enforced. 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