The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property and family allowance, or any of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or a waiver signed by the party waiving after fair disclosure. Unless it provides to the…
ALABAMA RULES OF JUDICIAL ADMINISTRATION Rule 32. Child-support guidelines Preface Relating to Scope. This rule, as amended effective January 1, 2009, shall apply to all new actions filed or proceedings instituted on or after January 1, 2009. Any actions or proceedings instituted before January 1, 2009, shall be governed by Rule 32 as it read…
LEGAL SEPARATION IN ALABAMA (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 requirements for the dissolution of a marriage have been met. (2) The court determines the marriage is irretrievably broken or there exists a complete incompatibility of temperament or…
COURT MAY STOP WIFE FROM KEEPING HER FORMER HUSBAND’S LAST NAME 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 upon application of any interested party, the divorced wife may be enjoined from the use of the given name…
REQUIREMENTS FOR MARRYING AFTER A RECENT 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 other, until 60 days after the judgment is entered, and that if an appeal is taken within 60 days, neither party shall again…
VALID MARRIAGE AFTER A DIVORCE 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 declared to be valid, notwithstanding that the judgment of divorce did not specifically confer on such person the right to remarry. This section shall not…
THIRTY DAYS WAITING PERIOD FBEFORE FINAL JUDGMENT OF DIVORCE; COURT’S POWER TO ENFORCE TEMPORARY ORDERS (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 the summons and complaint. (b) This section shall not restrict the power of the court to…
MINOR FILING FOR DIVORCE 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 name without the intervention of a next friend, guardian, or guardian ad litem, and if over the age of 18 years, he or she may defend…
RESIDENCE REQUIREMENTS WHEN ONE SPOUSE LIVES OUTSIDE THE STATE OF ALABAMA 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 next before the filing of the complaint, which must be alleged in the complaint and proved.
