Alabama Family Laws

If filing against a non-resident spouse, the plaintiff must be a bona fide Alabama resident for at least 6 months. If both parties are Alabama residents, no minimum residency is specified.

30 days from filing before a final decree can be issued.

Filing fees vary by county circuit court, typically $200-$350.

Rehabilitative alimony is the preferred type, limited to 5 years maximum absent extraordinary circumstances. Periodic alimony is only awarded when rehabilitation is not feasible, limited to the length of the marriage. Exception: marriages of 20+ years have no time limit. Alimony terminates on death of either party or remarriage of recipient.

Alabama divides marital property equitably (not necessarily 50/50). The court has broad discretion, considering length of marriage, contributions, age, health, earning capacity, and conduct of the parties.

Establishes a rebuttable presumption favoring joint custody. A parent may rebut the presumption by showing joint custody would harm or is impractical for the child. This is the most significant change to Alabama custody law in nearly two decades.

Uses the income shares model. Both parents' gross incomes are considered, along with time with the child, healthcare/insurance costs, and childcare. A 150% multiplier applies for court-ordered 50% shared custody arrangements (2023 amendment).