Code of Alabama - Title 30: Marital and Domestic Relations - Chapter 4 - Husband and Wife

• Article 1 Property Rights; Tort and Contract Rights and Liabilities.
• Section 30-4-1 Separate property of wife - Property held prior to marriage or acquired after marriage
  All property of the wife, held by her previous to the marriage or to which she may become entitled after the marriage in any manner,...
• Section 30-4-2 Separate property of wife - Earnings of wife
  The earnings of the wife are her separate property, but she is not entitled to compensation for services rendered to or for the husband or...
• Section 30-4-3 Separate property of wife - Wearing apparel of wife
  Repealed by Act 2015-70 effective April 21, 2015.
• Section 30-4-4 Separate property of wife - Damages recovered for injuries to person or reputation
  All damages which the wife may be entitled to recover for injuries to her person or reputation are her separate property.
• Section 30-4-5 Property of wife subject to provisions of chapter
  All property of the wife, whether acquired by descent or inheritance, or gift, devise or bequest, or by contract or conveyance, or by gift from...
• Section 30-4-6 Husband not liable for antenuptial contracts and torts of wife
  The husband is not liable for the debts or engagements of the wife, contracted or entered into before marriage, or for torts committed by her...
• Section 30-4-7 Husband not liable for postnuptial contracts and torts of wife
  The husband is not liable for the debts or engagements of the wife, contracted or entered into after marriage, or for her torts in the...
• Section 30-4-8 Capacity of wife to contract
  The wife has full legal capacity to contract as if she were sole, except as otherwise provided by law.
• Section 30-4-9 Capacity of husband and wife to contract with each other
  The husband and wife may contract with each other, but all contracts into which they enter are subject to the rules of law as to...
• Section 30-4-10 Assignment of insurance policy designating wife as beneficiary as security for indebtedness exempted from prohibition against contracts of suretyship by wife
  The assignment of a life insurance policy, wherein the wife of the insured is designated as beneficiary and wherein the right is reserved to the...
• Section 30-4-11 Wife to sue and be sued alone upon contracts, torts, etc
  The wife must sue alone upon all contracts made by or with her, or for the recovery of her separate property or for injuries to...
• Section 30-4-12 Alienation or mortgage of lands by wife without assent and concurrence of husband; lease of lands and tenements of wife without assent and concurrence of husband
  The wife, if the husband be of sound mind and has not abandoned her, or be not a nonresident of the state, or be not...
• Section 30-4-13 Effect of contracts of nonresident married women as to real or personal property situated within state
  All contracts concerning real or personal property situated in this state entered into by married women who are not residents of this state at the...
• Section 30-4-14 Married women may dispose of separate estates by will
  Married women may, by last will and testament, dispose of their separate estates.
• Section 30-4-15 Married women and widows 18 years of age and over relieved of disabilities of minority
  The marriage of any woman in this state who is under 19 and over 18 years of age, or the widowhood of any woman in...
• Section 30-4-16 Married men and widowers 18 years of age and over relieved of disabilities of minority; defenses and remedies not affected by section
  The marriage of any male person in this state who is under 19 and over 18 years of age, or the widowerhood of any male...
• Section 30-4-17 Revocation of certain transferable interests in property upon divorce or annulment
  (a) In this section, the following terms have the following meanings: (1) DISPOSITION OR APPOINTMENT OF PROPERTY. Includes a transfer of an item of property...
• Article 2 Conveyances by Spouse of Insane Person.
• Section 30-4-30 Conveyance of real estate by husband when wife insane - Powers of husband; exception as to homestead
  When any married woman has been legally declared insane, or when any married woman is confined in any Alabama state hospital for the insane and...
• Section 30-4-31 Conveyance of real estate by husband when wife insane - Conveyance to be accompanied by judgment or certification of wife's insanity; conclusiveness of judgment or certificate
  All conveyances under Section 30-4-30 shall state that the grantor is a married man and that his wife is insane, and shall have attached to...
• Section 30-4-32 Disposal of interest in real estate by spouse of insane person - Power of circuit court to authorize
  The circuit court may authorize a married person whose spouse is insane to sell, convey, mortgage or otherwise dispose of any interest owned in real...
• Section 30-4-33 Disposal of interest in real estate by spouse of insane person - Motion; exception as to homestead; date for hearing; notice to insane spouse; appointment of guardian ad litem
  Whenever any such married person whose spouse is insane desires authority to sell, convey, mortgage or otherwise dispose of real estate as if single, such...
• Section 30-4-34 Disposal of interest in real estate by spouse of insane person - Entry of judgment
  If upon the hearing of the evidence the court is of the opinion that the authority sought to sell, convey, mortgage or otherwise dispose of...
• Section 30-4-35 Disposal of interest in real estate by spouse of insane person - Judgment to be filed in probate office of county where real estate situated; filing cost
  If the court enters the judgment granting the relief sought, the register or clerk shall file a certified copy of such judgment in the probate...
• Section 30-4-36 Disposal of interest in real estate by spouse of insane person - Effect of judgment
  Upon the entering of the judgment authorizing a married person whose spouse is insane to sell, convey, mortgage or otherwise dispose of real estate as...
• Section 30-4-37 Disposal of interest in real estate by spouse of insane person - Mode not exclusive
  The mode prescribed in Sections 30-4-32 through 30-4-36 shall not be considered exclusive and shall not repeal any existing law upon the subject of said...
• Article 3 Criminal Desertion and Nonsupport Proceedings.
• Section 30-4-50 Definitions
  The word "parent" or "parents," as used in this article, shall include the natural legal parent or parents, or other persons who shall have legally...
• Section 30-4-52 Probation for defendants released prior to completion of sentence
  Persons sentenced to serve a term in jail or at hard labor under the terms of this article may, if released by the court before...
• Section 30-4-53 Institution of desertion, nonsupport, etc., proceedings - Wife, child, etc
  Proceedings under this article may be instituted upon complaint made under oath or affirmation by the wife or child, or by any officer mentioned in...
• Section 30-4-54 Institution of desertion, nonsupport, etc., proceedings - Duty of probation officer
  Any officer mentioned in Section 30-4-64, when, in his opinion, a person in his jurisdiction is guilty of desertion or failure to support his family,...
• Section 30-4-55 Jurisdiction of proceedings; procedure generally
  The juvenile courts of the several counties of the state shall have and exercise exclusive and original jurisdiction in all cases arising under this article....
• Section 30-4-56 Offense deemed committed in county where wife or children present; extradition of defendant from another state or county
  Any offense under this article shall be held to have been committed in any county in which such wife, child or children may be at...
• Section 30-4-57 Proof of marriage and parenthood; communications between husband and wife not privileged; testimony of husband and wife; evidence of willful abandonment or desertion
  No other evidence shall be required to prove marriage of such husband and wife or that such person is the lawful father or mother of...
• Section 30-4-58 Issuance of order for temporary support of wife or children pending trial, appeal, etc
  At any time before or at the trial or pending an appeal to the circuit court, upon motion of the complainant and upon notice to...
• Section 30-4-59 Suspension of sentence; order of payment of support for wife or children; release of defendant on probation; bond
  At the trial on an entry of a plea of guilty, or after conviction and after judgment and sentence has been imposed, as provided in...
• Section 30-4-60 Suspension of sentence after portion served
  The judge of the juvenile court may, after a part of such sentence has been served, also release the defendant from such sentence to jail...
• Section 30-4-61 Appeal of conviction
  The defendant, if convicted, shall have the right to appeal as in other misdemeanor cases appealed from the juvenile court. Pending said appeal, upon his...
• Section 30-4-62 Release of defendant on probation by circuit court; authority of juvenile court as to probationer
  In the event the appeal goes to the circuit court and the defendant shall be sentenced to jail or hard labor for the county by...
• Section 30-4-63 Proceedings upon violation of terms of support order or probation bond
  If at any time the judge of the juvenile court is satisfied, by sufficient proof upon due notice and hearing, that the defendant has violated...
• Section 30-4-64 Probation officers - Appointment; duties generally; service of process, etc
  The judge of the juvenile court may call upon the sheriff or any deputy sheriff in the county, any constable in said county, any police...
• Section 30-4-65 Probation officers - Additional duties; violations of terms of probation, bond, etc., to be reported to judge
  Said probation officers shall ascertain the name and address and such facts in relation to the antecedent history and environment of the person or persons...
• Article 4 Reciprocal State Enforcement of Duty to Support.
• Section 30-4-80 Purposes of article
  The purposes of this article are to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law...
• Section 30-4-81 Definitions
  Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
• Section 30-4-82 Department of Human Resources designated state information agency; duties as to enforcement of support
  Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
• Section 30-4-83 Duties under state law of obligor present in state not affected by absence or nonresidence of obligee
  Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
• Section 30-4-84 Choice of laws; presumption as to presence of obligor
  Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
• Section 30-4-85 Rights of state or political subdivisions furnishing support
  Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
• Section 30-4-86 Extradition for nonsupport
  Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
• Section 30-4-87 Relief from extradition
  Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
• Section 30-4-88 Enforcement of duties of support generally; jurisdiction of enforcement proceedings
  Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
• Section 30-4-89 Contents of petition for support
  Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
• Section 30-4-90 Testimony of husband and wife; communications between husband and wife not privileged
  Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
• Section 30-4-91 Powers and duties of court of state acting as initiating state generally
  Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
• Section 30-4-92 Receipt and disbursement of payments transmitted by court of responding state, etc
  Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
• Section 30-4-93 Powers and duties of court of state acting as responding state generally
  Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
• Section 30-4-94 Issuance of order of support upon finding of duty to support
  Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
• Section 30-4-95 Transmittal of copies of orders of support, etc., to court of initiating state
  Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
• Section 30-4-96 Powers of court to enforce orders; fees and costs of proceedings
  Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
• Section 30-4-97 Transmittal of payments received, etc., to court of initiating state
  Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.
• Section 30-4-98 Remedies cumulative
  Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000.

Last modified: May 3, 2021