Title 30

(a) This section shall be known and may be cited as the “Alabama Marriage Protection Act.” (b) Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting the un…

(a) No common-law marriage may be entered into in this state on or after January 1, 2017. (b) An otherwise valid common-law marriage entered into before January 1, 2017, shall continue to be valid in this state. (Act 2016-306, §1.)

A person under the age of 16 years is incapable of contracting marriage. (Code 1852, §1944; Code 1867, §2333; Code 1876, §2672; Code 1886, §2309; Code 1896, §2839; Code 1907, §4879; Code 1923, §8993; Code 1940, T. 34, §4; Act 2003-150, p. 454, §1.)

If a person intending to marry is at least 16 years of age and under 18 years of age and has not had a former wife or husband, the consent of a parent or guardian of the minor to the marriage shall be required. Evidence of consent shall be in the form of an affidavit signed by a …

Any person solemnizing the rites of matrimony with the knowledge that either party is under the age of legal consent, or within the degrees prohibited by law, must, on conviction, be fined not less than $1,000. (Code 1852, §1956; Code 1867, §2345; Code 1876, §4430; Code 1886, §41…

(a) Generally. Marriages may be solemnized by any licensed minister of the gospel in regular communion with the Christian church or society of which the minister is a member; by an active or retired judge of the Supreme Court, Court of Criminal Appeals, Court of Civil Appeals, an…

Any person authorized under this chapter to celebrate the rites of matrimony is entitled to $2 for each marriage solemnized. (Code 1852, §1959; Code 1867, §2348; Code 1876, §2683; Code 1886, §2321; Code 1896, §2851; Code 1907, §4891; Code 1923, §9005; Code 1940, T. 34, §18.)

(a) On August 29, 2019, and thereafter, the only requirement for a marriage in this state shall be for parties who are otherwise legally authorized to be married to enter into a marriage as provided in this section. However, the judge of probate shall continue to collect the reco…

(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 …

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 marry, except…

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 or initials of the divorced hus…

The circuit court shall have the power to divorce persons from the bonds of matrimony in favor of either party where there has been a final judgment of divorce from bed and board or of separate maintenance, when such judgment has been in force and effect for more than two years. …

No judgment can be entered on the confession of the parties, or either of them, or if it appear that adultery was committed by either, with the consent of the other, for the purpose of obtaining a divorce, or where both parties have committed adultery, or where there has been a c…

Complaints for divorce may be filed in the circuit court of the county in which the defendant resides, or in the circuit court of the county in which the parties resided when the separation occurred, or if the defendant is a nonresident, then in the circuit court of the county in…

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;…

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 any action brought under thi…

The defendant is not required to verify the answer by oath, and, whether sworn to or not, it is not evidence in the case, and can have no other effect than to put in issue the allegations of the complaint. (Code 1852, §1965; Code 1867, §2355; Code 1876, §2689; Code 1886, §2326; C…

The proceeding must, in all respects, be conducted as other civil actions, except as herein otherwise directed. The cause for which the divorce is sought must be alleged in the complaint, to which the other party must be made a defendant. If service by publication shall be made, …

(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 th…

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 rema…

(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 …

Pending an action for divorce, the court may make an allowance for the support of either spouse out of the estate of the other spouse, suitable to the spouse’s estate and the condition in life of the parties, for a period of time not longer than necessary for the prosecution of t…

(a) If either spouse has no separate estate or if it is insufficient for the maintenance of a spouse, the judge, upon granting a divorce, at his or her discretion, may order to a spouse an allowance out of the estate of the other spouse, taking into consideration the value thereo…

If the divorce is in favor of either spouse for the misconduct of the other spouse, the judge trying the case shall have the right to make an allowance to either spouse out of the estate of either spouse, or not make an allowance as the circumstances of the case may justify, and …

In all actions for divorce or for the recovery of alimony, maintenance, or support in which a judgment of divorce has been issued or is pending and a contempt of court citation has been made by the court against either party, the court may, of its discretion, upon application the…

(a) For the purposes of this section, “cohabiting” means the act of two adults dwelling together continually and habitually in a private heterosexual or homosexual relationship, even if the relationship is not solemnized by marriage, evidenced by the voluntary mutual assumption o…

(a)(1) In an action for divorce, legal separation, or annulment, the court may award either spouse interim alimony based upon a showing of all of the following: a. The spouse maintains the validity of the marriage. b. The spouse needs interim alimony, after taking into considerat…

(a) Upon granting a divorce or legal separation, the court shall award either rehabilitative or periodic alimony as provided in subsection (b), if the court expressly finds all of the following: (1) A party lacks a separate estate or his or her separate estate is insufficient to …

Sections 30-2-56 and 30-2-57 govern actions for divorce, legal separation, or annulment filed on or after January 1, 2018. The law in effect before January 1, 2018, shall continue to govern any action concerning alimony in any case concerning divorce, legal separation, or annulme…

Upon granting a divorce, the court may give the custody and education of the children of the marriage to either father or mother, as may seem right and proper, having regard to the moral character and prudence of the parents and the age and sex of the children; and pending the ac…

(a) For the purposes of this section, the following terms have the following meanings: (1) BLINDNESS. A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye that has a limitation in the field of vision so that the widest diameter of …

(a) In all cases of voluntary separation of husband and wife, the circuit court has power, on the motion of either party, 20 days’ notice thereof being given to the other, to permit either the father or mother to have the custody and control of the children and to superintend and…

(a) For the purposes of this section, the following terms have the following meanings: (1) GRANDPARENT. The parent of a parent, whether the relationship is created biologically or by adoption. (2) HARM. A finding by the court, by clear and convincing evidence, that without court-…

Notwithstanding any law to the contrary, venue of all proceedings for petitions or other actions seeking modification, interpretation, or enforcement of a final decree awarding custody of a child or children to a parent and/or granting visitation rights, and/or awarding child sup…

(a) As used in this section, the following terms shall have the following meanings: (1) SUPPORT. Support of any child, with respect to whom a support order exists, and support of a spouse or former spouse with respect to whom a support order exists where incidental to an order of…

(a) Notwithstanding any other provision of law regarding post-judgment interest, the parent responsible for making child support payments who has been delinquent in making the payments may petition the court that entered the order for child support or the appropriate court pursua…

(a) The Department of Human Resources, Child Support Enforcement Division, may establish a program for the publication, in newspapers with general circulation throughout the state, of a listing of 10 child support obligors in any county who are delinquent in their support payment…

(a) A military deployment, including past, previous, or future deployments, may not be considered by the court as the sole factor when making an original child custody determination, or in modifying an existing child custody determination, in any proceeding involving any person w…

This chapter may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act. (Act 99-438, p. 866, §1.)

In this chapter, the following terms shall have the following meanings: (1) ABANDONED. Left without provision for reasonable and necessary care or supervision. (2) CHILD. An individual who has not attained 19 years of age. (3) CHILD CUSTODY DETERMINATION. A judgment, decree, or o…

This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. (Act 99-438, p. 866, §1.)

A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. §1901, et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act. (Act 99-438, p. 866, §1.)

(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this article and Article 2. (b) Except as otherwise provided in subsection (c), a child custody determination made in a foreign country under factual cir…

A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with Section 30-3B-108 or who have submitted to the jurisdiction of the …

If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously. (Act 99-438, p. 866, §1.)

(a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if …