Alabama law establishes certain regulations governing how divorce occurs within the state. One of these divorce statutes cites the various grounds upon which an individual in the state of Alabama may file for a divorce.
Among the potential grounds for divorce is abandonment. Individuals who seek to claim abandonment as a grounds for a divorce often require the assistance of experienced Birmingham divorce attorney who can help in a variety of situations including making sure that individuals present ample evidence to a court of law that abandonment occurred. Individuals also frequently benefit from understanding the impact and role that abandonment claims play during a Birmingham divorce.
Abandonment means that one spouse has left the other spouse without consent. To satisfy Alabama’s abandonment requirements, individuals must demonstrate that a spouse was absent from both the marital home and relationship for at least one year prior to the initiation of the divorce. If a spouse moves out of the home but the individuals continue a relationship then a divorce based on the grounds of abandonment will not stand.
Some specific examples of abandonment include when: one spouse physically leaves the other spouse, an individual that has moved fails to support the other spouse, or the individual who moved out of the marital home refuses to have intercourse without justifiable reason with the other spouse. In order to prove abandonment to satisfy the grounds for divorce, individuals are able to use direct or constructive evidence to demonstrate this claim.
Despite being abandoned by a spouse, the laws of the state Alabama require that the individual who initiates the divorce makes a reasonable attempt to serve the other spouse with divorce papers. In the event that the other spouse’s address cannot be found, individuals initiating a divorce are required to provide a court of law with a sworn statement regarding the situation. If an absent spouse does not reply within a specific time period, the divorce process may also still continue.
Abandonment in Alabama can affect a court’s determinations of how a couple’s property should be divided. Judges are allowed to make decisions that take into consideration an individual’s abandonment or other types of misconduct. As a result of the influential nature of abandonment, individuals who abandon a spouse must understand that this decision can have several negative long term consequences.
Abandonment in the state of Alabama can also greatly influence how custody issues are decided. The parent who is left behind with children often automatically has custody over the couple’s children. In many situations, custody that is granted temporarily because the other spouse has left the marital home eventually turns into permanent custody of the children.
If you are interested in claiming abandonment the grounds for divorce or have a spouse who is in the process of filing an abandonment claim against you, do not hesitate to contact a skilled Birmingham divorce attorney.
$2,000 -FOR- 3 months
3 Months of legal services, plus access to the divorce portal for $2,000