Alabama law minor name change divorce

Was one of the individuals added to the insurance of the other as a spouse? Supreme Court has determined that there is a constitutional right to homosexual marriage. Common law marriage did not include homosexual marriage, but in light of the U. A woman can also use her maiden name or prior married name during a separation or after a divorce.

If you change your last name after marriage, you may have difficulty dealing with Social Security or getting a drivers license. The biggest issue seems to be with drivers licenses and checks. If drivers licenses and checks do not match, you may have difficulty cashing checks.

NCSC | National Center for State Courts

If your name is not changed in the divorce decree, a legal name change is the best option to change your name at a later date. Yes to both. Prenuptial and postnuptial agreements are highly technical and there are specific rules that apply. Even if you think you are absolutely positive, I recommend a DNA test to determine paternity. You need a lawyer to help determine paternity and child support.

Unless you create a joint debt, no spouse is liable for the debts of their spouse. You have invested your life in a marriage. If possible, the best course of action is to try to save your marriage. You need to know what your rights and responsibilities are before you make any drastic decisions.

Alabama Name Change Law

An uncontested divorce with no children, no property and no debts is relatively inexpensive. The more issues you argue about, the more work the lawyer has to do. The more work the lawyer does do — the higher the cost. Always make sure you clarify exactly what you are paying for when you hire a lawyer.

The court costs for a legal separation are the same as a divorce. It takes a lawyer the same amount of effort to prepare an uncontested legal separation as it does to prepare an uncontested divorce. If you are not looking at a legal separation as the long term resolution of your problems, it would be less expensive to divorce and re-marry if you reconcile. No you do not have to hire a lawyer, but the truth is you cannot afford NOT to have a lawyer, especially if you have children, substantial assets, or substantial debts.

There are many different grounds for divorce in Alabama all of which are created by statutes. The most commonly used ground is incompatibility. It is ordinarily not difficult to convince the court that incompatibility exists sufficient to dissolve the marriage relationship. If you are in an abusive relationship, it is not desertion or abandonment. Get yourself and your children in a safe place.

Safety is the most important thing. You have to leave for a year minimum for it to be voluntary abandonment in Alabama.

Laws for Divorced Parents With Children in Alabama

While it is not grounds for divorce after you initially move out, you need to realize that if you move out and leave the other party with all the bills and if you are not providing for your children, it may not look good to a judge. Both the husband and wife agree to a divorce. The parties enter into a written marital agreement defining their rights and duties and other issues of the divorce. You can use the legal system to delay the process while you try to reconcile with your spouse. When the case finally comes to trial, a divorce will be granted even if one of the parties does not want a divorce.

How to change your child's last name

One of the functions of the court in a divorce proceeding is to make a division of the property owned by the parties. The Court has discretion to equitably transfer of property owned individually by either spouse or jointly-held property between the parties. The court can order either party to give or convey his or her interests in property to the other spouse in exchange for the release of marital obligations. Because the divorcing husband and wife are most familiar with their own property, the divorcing couple should work out a division of assets that is acceptable to both and incorporate the agreement into the divorce decree.

If no agreement is provided, the court will make the division based on the needs and interests of the parties as shown through testimony at trial. The division of property between the husband and wife and awarding of alimony and child support payments often result in adverse and unexpected tax consequences that may be avoided with proper planning.

If you can reach an agreement dividing your property or any other issue , then you do not have to worry about what the judge does. It is not uncommon for both parties to be unhappy with the resulting division of property by a judge. Alimony is historically based on the common law right of a wife to be supported by her husband, even after a divorce, unless she forfeits it by her misconduct. Either a husband or a wife may be entitled to alimony if the court determines he or she needs support and the other party is able to pay. There are two types of alimony: temporary and permanent.

Alabama Divorce Laws - Divorce Source

Temporary alimony is awarded during the time after a divorce suit is filed while awaiting trial or final court decision. Permanent alimony is awarded by the court in its final decree. The award of alimony and its amount are completely discretionary with the court which considers such factors as the length of the marriage and the age, earning capacity, health, conduct, education, and income of each of the parties. Alimony is separate and apart from any property division between the parties. However, as a practical matter, there is often a relationship between the two issues, since some of the same factors are used as guides to property settlements.

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Any decree of divorce providing for periodic payments of alimony shall be modified by the court to provide for the termination of such alimony. The payments do not stop automatically. A divorce decree cannot be entered until thirty days after the filing of the divorce. The parties determine custody and visitation in an uncontested divorce. In a contested divorce, the court determines custody and visitation. The determination is based on the discretion of the court guided by consideration of the following factors: best interest and welfare of the children, fault of the parties, character and conduct of each parent, age and sex of the children, past care and custody of the children, economic conditions of the parents, preference of the children, and agreement of the parents.

Future parenting of the children is very important, and you should give your attorney all relevant information that might affect with which party the children will live.

Shocking Facts On The Child Support System Exposed By Breakthrough Study

The courts favor a natural parent having physical custody of the children, but it can award custody to other parties such as grandparents or even unrelated persons if it is in the best interest of the children. The parent who does not have the children living with him or her non-custodial parent has the right to visit the children or have them visit him or her. Visitation rights are usually set by the judge and are generally expressed in terms of reasonable times and places upon reasonable notice. A divorce decree can also set out specific visitation privileges at certain times and places, i.

Once the determination is made that a divorce should be granted, the primary concern of the court becomes the well-being of the minor children of the parties. It is the responsibility of the court to determine the amount that the non-custodial parent is responsible to contribute for support of the minor children.


The court must use the Child Support Guidelines adopted by the Alabama Supreme Court in setting the amount of child support, unless the court specifically finds that following the Guidelines would be unjust and inappropriate. Child support is paid until the child reaches the age of nineteen in Alabama. It is your obligation to support your children, it is not the obligation of their step-father or step-mother — regardless of how wealthy they may be.

This seems illogical, but if you have less money and it looks like it is going to be a permanent situation, you need to contact an attorney to see what impact if may have on your child support. I affirm under penalty of perjury that all statements in this Affidavit of Consent are accurate to the best of my knowledge.