Code of Alabama - Title 30: Marital and Domestic Relations - Chapter 2 - Divorce and Alimony
- Article 1 Divorce from Bonds of Matrimony.
- Section 30-2-1 Grounds; jurisdiction for proceedings; divorce judgment awarded to both parties
(a) The circuit court has power to divorce persons from the bonds of matrimony, upon a complaint filed by one of the parties, entitled "In...
- Section 30-2-2 Divorce from bonds of matrimony after judgment of divorce from bed and board or of separate maintenance in effect for more than two years
The circuit court shall have the power to divorce persons from the bonds of matrimony in favor of either party where there has been a...
- Section 30-2-3 Divorce to be refused where collusion between parties, condonation, etc
No judgment can be entered on the confession of the parties, or either of them, or if it appear that adultery was committed by either,...
- Section 30-2-4 Where complaint to be filed
Complaints for divorce may be filed in the circuit court of the county in which the defendant resides, or in the circuit court of the...
- Section 30-2-5 Residency requirement for plaintiff when defendant nonresident
When the defendant is a nonresident, the other party to the marriage must have been a bona fide resident of this state for six months...
- Section 30-2-6 When husband or wife may sue or defend in own name
A husband or wife under the age of 19 years may file a complaint for any purpose under this chapter in his or her own...
- Section 30-2-7 Answer of defendant not required to be sworn; effect of answer
The defendant is not required to verify the answer by oath, and, whether sworn to or not, it is not evidence in the case, and...
- Section 30-2-8 Proceedings generally; right of remarriage
The proceeding must, in all respects, be conducted as other civil actions, except as herein otherwise directed. The cause for which the divorce is sought...
- Section 30-2-8.1 Waiting period prior to issuance of final judgment of divorce; temporary orders prior to expiration of waiting period
(a) A court shall not enter a final judgment of divorce until after the expiration of 30 days from the date of the filing of...
- Section 30-2-9 Validation of marriage of divorced persons where remarriage not specifically prohibited by divorce judgment
The marriages of all persons married subsequent to a divorce judgment granted in this state which did not prohibit the person from remarrying are hereby...
- Section 30-2-10 Sixty-day restriction on remarriage of parties after grant of divorce or pending appeal of divorce
When a judgment has been entered granting a divorce in this state, the court shall order that neither party shall again marry, except to each...
- Section 30-2-11 Wife may be enjoined from use of given name or initials of divorced husband
After divorce from the bonds of matrimony and within the discretion of the circuit court of the county in which the divorced wife resides and...
- Section 30-2-12 Divorce for pregnancy of wife at time of marriage bastardizes issue
Repealed by Act 2015-70 effective April 21, 2015.
- Article 2 Divorce From Bed and Board.
- Article 2A Legal Separation.
- Section 30-2-40 Legal separation
(a) The court shall enter a decree of legal separation if all of the following requirements are satisfied: (1) The court determines that the jurisdictional...
- Article 3 Alimony and Support.
- Section 30-2-50 Allowance for support during pendency of action
Pending an action for divorce, the court may make an allowance for the support of either spouse out of the estate of the other spouse,...
- Section 30-2-51 Allowance upon grant of divorce; certain property not considered; retirement benefits
(a) If either spouse has no separate estate or if it is insufficient for the maintenance of a spouse, the judge, upon granting a divorce,...
- Section 30-2-52 Allowance upon grant of divorce for misconduct; certain property not considered
If the divorce is in favor of either spouse for the misconduct of the other spouse, the judge trying the case shall have the right...
- Section 30-2-54 Award of attorney fees in action where contempt citation issued
In all actions for divorce or for the recovery of alimony, maintenance, or support in which a judgment of divorce has been issued or is...
- Section 30-2-55 Termination of alimony upon remarriage or cohabitation with member of opposite sex; reimbursement not required
Any decree of divorce providing for periodic payments of alimony shall be modified by the court to provide for the termination of such alimony upon...
- Section 30-2-56 Interim alimony
(a)(1) In an action for divorce, legal separation, or annulment, the court may award either spouse interim alimony based upon a showing of all of...
- Section 30-2-57 Rehabilitative or periodic alimony
(a) Upon granting a divorce or legal separation, the court shall award either rehabilitative or periodic alimony as provided in subsection (b), if the court...
- Section 30-2-58 Applicability of Sections 30-2-56 and 30-2-57
Sections 30-2-56 and 30-2-57 govern actions for divorce, legal separation, or annulment filed on or after January 1, 2018. The law in effect before January...
Last modified: May 3, 2021