Title 30 — Title 30

Provisions of Chapter. Repealed by Act 2019-340, §3, effective August 29, 2019. History: (Code 1852, §1953; Code 1867, §2342; Code 1876, §2681; Code 1886, §§2318, 2319; Code 1896, §§2848, 2849; Code 1907, §§4888, 4889; Code 1923, §§9002, 9003; Code 1940, T. 34, §§15, 16.)

Repealed by Act 2019-340, §3, effective August 29, 2019. History: (Code 1852, §1955; Code 1867, §2344; Code 1876, §2682; Code 1886, §2320; Code 1896, §2850; Code 1907, §4890; Code 1923, §9004; Code 1940, T. 34, §17.)

Presumptive Evidence of Facts. THIS SECTION WAS AMENDED BY ACT 2019-340 IN THE 2019 REGULAR SESSION, EFFECTIVE AUGUST 29, 2019. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. The judge of probate must keep a book, in which shall be registered all licenses issued by …

Thereof; Marriage Certificate Deemed Presumptive Evidence of Fact. Repealed by Act 2019-340, §3, effective August 29, 2019. History: (Code 1852, §1952; Code 1867, §2341; Code 1876, §2680; Code 1886, §2317; Code 1896, §2847; Code 1907, §4887; Code 1923, §9001; Code 1940, T. 34, §1…

Judge. Repealed by Act 2019-340, §3, effective August 29, 2019. History: (Code 1852, §1957; Code 1867, §2346; Code 1876, §4431; Code 1886, §4174; Code 1896, §5594; Code 1907, §7392; Code 1923, §4944; Code 1940, T. 34, §14.)

In all marriages where a vital records error has been made, the parties to the marriage may file amended affidavits, forms, and data with the judge of probate. The fee for filing amended affidavits, forms, and data shall be the same as for an original filing. The amended affidavi…

(a) When the records pertaining to a marriage are incomplete or inaccurate, the judge of probate of a county in which the marriage license was issued shall correct or perfect the same upon proper petition being filed by either party to the marriage, or someone delegated or author…

It is the duty of the judge of probate to give notice to the district attorney of all offenses under this chapter. History: (Code 1852, §1960; Code 1867, §2349; Code 1876, §2684; Code 1886, §4175; Code 1896, §5595; Code 1907, §7393; Code 1923, §4945; Code 1940, T. 34, §19.)

Prohibited. (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 prote…

(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. History: (Act 2016-306, §1.)

Repealed by Act 2015-70 effective April 21, 2015. History: (Code 1852, §1945; Code 1867, §2334; Code 1876, §2673; Code 1886, §2310; Code 1896, §2840; Code 1907, §4880; Code 1923, §8994; Code 1940, T. 34, §3.)

A person under the age of 16 years is incapable of contracting marriage. History: (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 …

Prohibited Degrees, Etc. 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. History: (Code 1852, §1956; Code 1867, §2345…

(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. History: (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, §…

Duration of License; Solemnization of Marriage When License Void. Repealed by Act 2019-340, §3, effective August 29, 2019. History: (Code 1852, §1949; Code 1867, §2338; Code 1876, §2677; Code 1886, §2314; Code 1896, §2844; Code 1907, §4884; Code 1923, §8998; Code 1940, T. 34, §9;…

(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…

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…

Pending Appeal of Divorce. 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 part…

Husband. 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 div…

Repealed by Act 2015-70 effective April 21, 2015. History: (Code 1852, §1975; Code 1867, §2365; Code 1876, §2699; Code 1886, §2336; Code 1896, §1499; Code 1907, §3807; Code 1923, §7421; Code 1940, T. 34, §34.)

and Board or of Separate Maintenance in Effect for More Than Two Years. 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, w…

Etc. 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 bee…

Repealed by Act 98-105, effective January 1, 1999. History: (Code 1852, §1979; Code 1867, §2368; Code 1876, §2702; Code 1886, §2339; Code 1896, §1502; Code 1907, §3809; Code 1923, §7423; Code 1940, T. 34, §36.)

Repealed by Act 98-105, effective January 1, 1999 History: (Code 1852, §1980; Code 1867, §2369; Code 1876, §2703; Code 1886, §2340; Code 1896, §1503; Code 1907, §3810; Code 1923, §7424; Code 1940, T. 34, §37; Acts 1979, No. 79-486, p. 894, §1.)

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…

(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 …

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. History: (Code 1852, §1969; Code 1867, §2359; Code 187…

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…

Retirement Benefits. (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 considera…

Considered. 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 j…

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…

Individual. (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 …

(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…

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. History: (Code 1852, §1965; Code 1867, §2355; Code 1876, §2689; Code 1886,…

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, …

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 …

Specifically Prohibited by Divorce Judgment. 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 specifi…

Children Where Wife Abandons Husband. 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 s…

(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 …

There is hereby created a civil action to establish an order of retroactive support which may be brought against a non-supporting parent who has a duty to support as the legal parent of a child or children but has failed to provide support. The action may be brought by the parent…

The action shall be commenced prior to the time the child or children reaches the age of majority. History: (Acts 1994, No. 94-213, p. 298, §2.)

An action for retroactive support shall be filed in the juvenile or family court division of the district or circuit court in the county in which the parent or guardian resides or in the county in which the child resides. There shall be no right to a jury trial. History: (Acts 19…

An order of retroactive support may be awarded against the non-supporting parent irrespective of the marital status of the parties. History: (Acts 1994, No. 94-213, p. 298, §4.)

The order of retroactive support shall be a sum certain judgment and may cover all periods in which the non-supporting parent failed to provide support. For all time periods in which support is requested, the court shall consider the needs of the child or children and the ability…

The action for retroactive support authorized by this article is in addition to any rights to retroactive support granted by any other provision of law including, but not limited to, Section 26-17-8 nor shall the provisions of the article limit or affect the state’s right to reco…