If one spouse refuses to relocate due to the other spouse’s job, that is not abandonment. Under Ala. Code 30-2-1(a)(7), either husband or wife can sue for divorce based solely upon incompatibility. In Alabama, you can file a divorce based on fault grounds, or you can file a no-fault divorce. For example, if your spouse has stopped contributing to your household financially or has ceased to perform childcare duties in addition to moving out, this is considered abandonment. As the plaintiff, you’ll need to show that the defendant left and has not met their financial obligations for the specified period required in your state. If an absent spouse does not reply within a specific time period, the divorce process may also still continue. Read the code on FindLaw In other words, Alabama law recognizes a "no-fault" divorce. 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. 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. Filing a divorce using abandonment as the ground for your request, you’ll first need to file a petition for divorce with your local court. This field is for validation purposes and should be left unchanged. Residency Requirements: In order to file for a divorce in Alabama, you or your spouse must meet the strict residency requirements. Dagney holds a J.D. It’s important to review your state’s residency requirements, which often require you or your spouse to live in the state for a specific period of time before you file. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors. It can be used as grounds for a divorce. Uncontested Alabama divorce attorneys are usually not trial attorneys. Alabama Misconduct During Marriage While Alabama’s no-fault divorce law allows couples to file for and receive a divorce absent a finding of wrong-doing by either party, there may be good reason to pursue a fault-based divorce when the other spouse engaged in marital misconduct. If you do this, you only have to wait a year before filing for divorce. If a spouse moves out of the home but the individuals continue a relationship then a divorce based on the grounds of abandonment … Your Guide to Alabama Abandonment Law Voluntary Abandonment. It is one of the rare instances where you can be granted a divorce without the consent of your spouse. Other forms should also be filed at this time. Voluntary abandonment for a period of at least one year may serve as a ground for divorce. We are providing this Alabama divorce information as a reference guide to help you through the process. One of these divorce statutes cites the various grounds upon which an individual in the state of Alabama may file for a divorce. It seems that everyone "knows" the laws regarding abandonment in Alabama, and hardly anyone actually does. The parent who is left behind with children often automatically has custody over the couple’s children. *Visit our Terms of Use page to learn more, 13521 Old Highway 280 The Narrows, Suite 117, Email: advice@alabamadivorceandfamilylaw.com. According to Alabama law, you can divorce your spouse for their “voluntary abandonment … One of the fault grounds for divorce is abandonment. This means that they will be divided fairly and equitably, although not necessarily on a 50/50 basis. For example, Jennifer files for divorce claiming that her husband, James, abandoned her just over a year ago. However, parties could enter into an agreement to split retirement accounts, even if they had been married for less than 10 years. 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. If you want to learn more about Alabama divorce laws and abandonment claims, contact our law office today at (205) 937-6564. When using abandonment as a ground for divorce, you’ll need to provide proof to the court that the abandonment actually took place. According to Alabama law, you can divorce your spouse for their “voluntary abandonment of bed and board” for one year or more as of the time you file for divorce.
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