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The followingcapsule summary of the law in this state related to divorce maybe helpful to you. These brief statements are not meant tosubstitute for legal consultation, but rather to highlight themain issues to consider.

Divorce Law


Grounds: Adultery; cruelty orviolence; desertion; drug/alcohol addiction; nonsupport;insanity; pregnant at time of marriage; unexplained absence;conviction of crime; crime against nature before or aftermarriage; incompatible temperaments; divorce from bed or boardwhen wife lived apart for 2 years without husband’s support.Code Section: 30-2-1 to 12, 30, 31

Residency: Personal appearance willnot confirm jurisdiction; at least one party must be a resident;one party must have resided 6 months if other is a nonresident.

Waiting Period: None listed.

No Fault: Irretrievable breakdown;separation.

Defenses: Recrimination,condonation, or husband’s knowledge/connivance when groundis adultery.

Uniform Child Custody Act: 1980
Joint Custody: No
Grandparent Visitation: Yes, 30-3-4
Child’s Wishes Considered: Yes
Code Section: 30-3-1 to 99

Community Property: No


Grounds: Insanity at marriage (28Ala. 565); fraudulent intent not to perform marriage vows (2So.2d 443); bigamy (16 So.2d 401); incest (180 So. 577); underage of consent (78 So. 885).

Time Limitation: None listed.

Legitimacy of Children: Issue ofincestuous marriage before annulment is legitimate.

Prohibited Marriages: Bigamous.
Code Section: 13A-13-1; 30-1-3


Alabama Bureau of Child Support
Department of Human Services
50 Ripley St.
Montgomery, AL 36130-1801
Phone: (205)242-9300
Fax: (205)242-1086

Alabama Center for Health Statistics
PO Box 5625
Montgomery, AL 36103-5625
Phone: (205)242-5033
Responds to public inquiries for certified copies of birth anddeath certificates dating from 1908, marriage records dating fromAugust 1936, and divorce records from 1950. Charges $12 firstcopy, $4 each additional copy ordered at same time. Exemplifiedcopies: $20 each, payable by money order, certified or personalcheck to Bureau of Vital Statistics. For all inquiries, enclose aself-addressed, stamped envelope.

Alabama Insurance Department
PO Box 303351
Montgomery, AL 36130-3351
Phone: (205)269-3550
James Dill, Commnr.

Alabama State Banking Department
101 S. Union St.
Montgomery, AL 36130-1201
Phone: (205)242-3452
Kenneth McArthur, Actg. Supt.

Alabama State Bar
415 Dexter St.
PO Box 671
Montgomery, AL 36104
Phone: (205)269-1515
Fax: (205)261-6310

Family Law in Alabama: Practice andProcedure
Michie Co. Law Publishers
PO Box 7587
Charlottesville, VA 22906
Rick Fernambucq and Gary Pate. 1990.

Office of Child Support EnforcementRegional Representative (Alabama)
101 Marietta Tower, Ste. 821
Atlanta, GA 30323
Phone: (404)331-5733

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