In all counties of Alabama, it is a requirement to file the divorce petition in the county in which the husband is a resident. Each party must provide proof of residency and are required to live apart when this petition is filed. For either party to fulfill the residency requirement, she, or he must show evidence that their residency began no less than six months prior to filing the petition. The state does not require that they hire a Divorce Attorney in Birmingham AL, however, in contested divorces, it is beneficial to them as they are more likely to achieve their expectations in terms of property division and child custody.
Grounds Accepted in Alabama
The most common grounds listed on a divorce petition are irreconcilable differences and incompatibility. Abandonment is also among the no-fault divorce allowances. However, divorces in which blame is assigned, the court requires proof of these occurrences. They include adultery, drug or alcohol abuse, and domestic violence.
Special grounds that rule in favor of a specific spouse are when the wife was carrying a child at the time that the marriage occurred in which the husband was unaware. A spouse who discovers that his or her spouse is, in fact, homosexual in which they were uninformed when the marriage started is another reason. The state rules in favor of the unknowing party. Proof of each circumstance is required to utilize either option as the divorce grounds.
Child Custody
Although child custody is, typically, determined by the best interests of the child, the state of Alabama does rule in favor of the mother most often. The deviations from this imply that the mother is unfit due to mental capacity, drug use, or poses a threat to the well-being of the child. In cases where the father is seeking custody, he is required to show that the mother is unsuitable by providing proof.
In a contested divorce, child custody is determined in a separate hearing after the divorce is finalized. A child advocate lawyer is assigned to protect the interests of the children. Any child who is twelve-years or older has the legal right to state where he or she chooses to live. If the opposing spouse is unable to prove the child’s chosen parent is unfit, the child is granted this right. Anyone who requires a Divorce Attorney in Birmingham AL can contact Forstman Cutchen for assistance.
