What constitutes abandonment in a marriage in Alabama?

In Alabama, a continuous absence from the marriage “bed and board” is considered voluntary abandonment. This means that one spouse leaves without the intent of returning. This person has left their spouse and severed all ties and responsibility – including related financial obligations – without good reason.

Why moving out is the biggest mistake in a divorce?

Do not move out of your home before your divorce is finalized. Legally speaking, it is one of the biggest mistakes you can make. If you leave the home and your divorce proceedings don’t go as planned, your spouse can choose to play dirty. This means she could accuse you of abandoning her and the kids.

What are the grounds for divorce in Alabama?

You can either cite a no-fault ground of irreconcilable differences, or a fault based reason including: 1 a physically and incurably incapacitated spouse at the time of the marriage 2 either spouse committed adultery 3 habitual drunkenness 4 abandonment of the marriage for a period of at least 12 months

What’s the law on abandonment in a divorce?

Rev. Code Ann. § 26.20.030 (1) (3).) If you left the family because your spouse made it challenging to remain in the marital home, you might be guilty of constructive abandonment.

What kind of property is considered marital property in Alabama?

In Alabama, property accumulated during a marriage belongs to both spouses and is considered marital property. It is subject to fair and equitable distribution, unless it has been acquired as a gift or inheritance, in which case it is considered separate.

How are debts treated in a divorce in Alabama?

Debts in Alabama are treated just like assets in a divorce. This means that they will be divided fairly and equitably, although not necessarily on a 50/50 basis. It should be noted that any premarital debt acquired by one spouse is their debt exclusively, unless the other spouse added to that particular account (such as using a credit card).