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Mobile Uncontested Divorce Lawyer Alabama - Reginald Smith

Divorce Laws in Alabama

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 re the marriage of _____ and _____,” for the causes following:

(1) In favor of either party, when the other was, at the time of the marriage physically and incurably incapacitated from entering into the marriage state.

(2) For adultery.

(3) For voluntary abandonment from bed and board for one year next preceding the filing of the complaint.

(4) Imprisonment in the penitentiary of this or any other state for two years, the sentence being for seven years or longer.

(5) The commission of the crime against nature, whether with mankind or beast, either before or after marriage.

(6) For becoming addicted after marriage to habitual drunkenness or to habitual use of opium, morphine, cocaine, or other like drug.

(7) Upon application of either the husband or wife, when the court is satisfied from all the testimony in the case that there exists such a complete incompatibility of temperament that the parties can no longer live together.

(8) In favor of either party, when the other, after marriage, shall have been confined in a mental hospital for a period of five successive years, if such party from whom a divorce is sought is hopelessly and incurably insane at the time of the filing of the complaint; provided, however, that the superintendent of the mental hospital in which such person is confined shall make a certified statement, under oath, that it is his opinion and belief, after a complete and full study and examination of such person, that such person is hopelessly and incurably insane.

(9) Upon application of either party, when the court finds there has been an irretrievable breakdown of the marriage and that further attempts at reconciliation are impractical or futile and not in the best interests of the parties or family.

(10) In favor of the husband, when the wife was pregnant at the time of marriage, without his knowledge or agency.

(11) In favor of either party to the marriage when the other has committed actual violence on his or her person, attended with danger to life or health, or when from his or her conduct there is reasonable apprehension of such violence.

(12) In favor of the wife when the wife has lived, or shall have lived separate and apart from the bed and board of the husband for two years and without support from him for two years next preceding the filing of the complaint, and she has bona fide resided in this state during that period.

(b) When a judgment of divorce is entered, in effect, it is awarded to both parties to the marriage.

(Code 1852, §§1961-1963; Code 1867, §§2351-2353; Code 1876, §§2685-2687; Code 1886, §§2322-2324; Code 1896, §§1485-1487; Code 1907, §§3793-3795; Acts 1919, No. 584, p. 839; Acts 1919, No. 631, p. 878; Code 1923, §§7407-7409; Acts 1932, Ex. Sess., No. 41, p. 52; Acts 1933, Ex. Sess., No. 153, p. 142; Acts 1936-37, Ex. Sess., No. 211, p. 247; Code 1940, T. 34, §§20-22; Acts 1943, No. 463, p. 425; Acts 1947, No. 487, p. 336; Acts 1971, No. 222, p. 517; Acts 1971, No. 2272, p. 3662, §§1, 2.)

Section 30-2-5

Alabama 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 next before the filing of the complaint, which must be alleged in the complaint and proved.

(Code 1852, §1969; Code 1867, §2359; Code 1876, §2693; Code 1886, §2330; Code 1896, §1494; Code 1907, §3802; Code 1923, §7416; Code 1940, T. 34, §29; Acts 1945, No. 457, p. 691; Acts 1971, No. 2280, p. 3687.)

Section 30-2-40

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 one or both of the parties desires to live separate and apart.

(3) To the extent that it has jurisdiction to do so, the court has considered, approved, or provided for child custody, and has entered an order for child support in compliance with Rule 32 of the Alabama Rules of Judicial Administration.

(b) A legal separation is a court determination of the rights and responsibilities of a husband and wife arising out of the marital relationship. A decree of legal separation does not terminate the marital status of the parties.

(c) If a party files a complaint for a decree of legal separation rather than a decree of dissolution of marriage, the court may grant the legal separation. The terms of a legal separation can be modified or dissolved only by written consent of both parties and ratification by the court or by court order upon proof of a material change of circumstances. A proceeding or judgment for legal separation shall not bar either party from later instituting an action for dissolution of the marriage.

(d) The court shall order that the terms of the legal separation relating to alimony or a property settlement be incorporated into a final divorce decree only if agreed to by the parties. Otherwise, the court may consider, but is not bound by, the provisions of the legal separation relating to alimony or a property settlement upon a final dissolution of the marriage.

(e) If either party to a legal separation later institutes an action for dissolution of the marriage, the best interest of the child standard shall apply to the determination of child custody.

(f) Upon written consent by both parties, after entry of a decree of legal separation, all of the following provisions shall apply:

(1) The earnings or accumulations, including the retirement benefits, of each party received after the entry of the decree of legal separation are the separate property of the party acquiring the earnings or accumulations, and shall not be considered by the court in a subsequent divorce action.

(2) A spouse may convey his or her real estate without the signature or consent of the other spouse.

(3) Each spouse may waive all rights to inheritance from the other spouse pursuant to Section 43-8-72.

(g) Court costs for a legal separation may be assessed as if a dissolution of the marriage was requested and may be taxed by the court accordingly.

(Act 98-105, §1.)

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 the summons and complaint.

(b) This section shall not restrict the power of the court to enter any temporary orders necessary prior to the expiration of the waiting period. The temporary orders may include, but shall not be limited to, temporary orders on custody, spousal or child support, visitation, exclusive occupancy of the marital residence, or restraining the parties.

(Acts 1996, 1st Ex. Sess., No. 96-51, p. 70, §1.)

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Testimonials

From start to finish Mr. Smith made the process very simple

THANK YOU!!!!!  From start to finish Mr. Smith made the process very simple, instructions a first grader could follow. I...

Debra, Houston County, Alabama January 9, 2018

Mobile Alabama Fast, Easy Uncontested Divorce Lawyer
5
2019-04-17T21:44:39+00:00

Debra, Houston County, Alabama January 9, 2018

THANK YOU!!!!!  From start to finish Mr. Smith made the process very simple, instructions a first grader could follow. I must have called 15 agencies that quoted us over $1000 for our Non Contested divorce. Total cost with all fees $510. I will highly recommend this agency for any divorce.
https://mobileuncontesteddivorce.lawyer/praise/from-start-to-finish-mr-smith-made-the-process-very-simple/

He knows what he is doing and is really friendly

Mr. Reggie Smith was an excellent help in the case of my divorce. Everything was answered really quick and within...

Patricia B. - Baldwin County, Alabama February 1, 2017

Mobile Alabama Fast, Easy Uncontested Divorce Lawyer
5
2019-04-17T20:11:05+00:00

Patricia B. - Baldwin County, Alabama February 1, 2017

Mr. Reggie Smith was an excellent help in the case of my divorce. Everything was answered really quick and within 30 days my uncontested divorce went through. He knows what he is doing and is really friendly. I really appreciate the help of Mr. Smith and would always recommend his services to other people. Thank you very much,
https://mobileuncontesteddivorce.lawyer/praise/he-knows-what-he-is-doing-and-is-really-friendly/

You will not be disappointed!!!!

From the first time I spoke to Attorney Smith on the phone regarding handling my divorce, he was very professional,...

Sheryl L. Dallas County, Alabama , November 23, 2018

Mobile Alabama Fast, Easy Uncontested Divorce Lawyer
5
2019-04-17T19:44:12+00:00

Sheryl L. Dallas County, Alabama , November 23, 2018

From the first time I spoke to Attorney Smith on the phone regarding handling my divorce, he was very professional, attentive, informative and experienced. He handled my divorce in a timely manner and the entire process was very smooth and quick. Not to mention that his fee was VERY affordable. He was always available to me for any questions and issues I had. He always responded back to me quickly and made sure everything was handled in a timely manner. I highly recommend him for all your legal needs. You will not be disappointed!!!! THANK YOU ATTORNEY SMITH FOR YOUR SERVICES AND GUIDING ME THROUGH MY DIVORCE AND MAKING IT SMOOTH AND STRESS FREE!!!!!
https://mobileuncontesteddivorce.lawyer/praise/you-will-not-be-disappointed/

Great great attorney!!!

I came to Attorney Smith about 4 to 5 months ago after attempting to file an uncontested divorce on my...

Angela - Birmingham, Alabama April 2, 2017

Mobile Alabama Fast, Easy Uncontested Divorce Lawyer
5
2019-04-17T20:27:55+00:00

Angela - Birmingham, Alabama April 2, 2017

I came to Attorney Smith about 4 to 5 months ago after attempting to file an uncontested divorce on my own.  I tried the DO-IT-YOURSELF forms for sale on the internet since December of 2014 with no end in sight. After speaking with Attorney Smith and explaining to him exactly what I needed, he came through with documents that very same day. He has made this process smooth, efficient and worry free. I would use his services again in a heartbeat and recommend him to anyone looking for an affordable, and worry free divorce. Great great attorney!!!
https://mobileuncontesteddivorce.lawyer/praise/great-great-attorney/

I pray that God would give me a good lawyer and boy did he!

Dear Reggie, I have never encountered anyone so prompt or efficient. I pray that God would give me a good...

Clayton - Atlanta, Georgia 9-15-2016

Mobile Alabama Fast, Easy Uncontested Divorce Lawyer
5
2019-04-17T21:38:26+00:00

Clayton - Atlanta, Georgia 9-15-2016

Dear Reggie, I have never encountered anyone so prompt or efficient. I pray that God would give me a good lawyer and boy did he! You took great care of business. Thanks for everything.
https://mobileuncontesteddivorce.lawyer/praise/i-pray-that-god-would-give-me-a-good-lawyer-and-boy-did-he/
5
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