How it works?

Confirm you qualify to use Alabama Divorce Online then complete 3 easy steps:

STEP 1: You answer questions. Attorney drafts your divorce documents (online only)

STEP 2: You and your spouse sign and notarize the divorce papers remotely (online option $85)

STEP 3: We file the papers with the court for you (online option $95)

START YOUR DIVORCE

Alabama is not a community property state

Alabama is considered an “equitable distribution” state. And generally speaking the courts will divide all assets and liabilities in a manner it deems to be “just and right”

Marital Property vs. Non Marital Property

Chapter 61.075 of the Alabama Statutes covers the specific laws regarding marital and non-marital assets and liabilities. Typically if one spouse owned property before the marriage and it was not comingled with other marital assets, it will remain separate property. All other assets and liabilities acquired during the marriage would usually be considered marital.

Alabama Community Property Law

Sec. 7.001. GENERAL RULE OF PROPERTY DIVISION. In a decree of divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.

Courtesy of: Alabama Constitution and Statutes

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Alabama Law: Community Property & Separate Property

Sec. 3.001. SEPARATE PROPERTY. A spouse's separate property consists of:

  1. (1) the property owned or claimed by the spouse before marriage;
  2. (2) the property acquired by the spouse during marriage by gift, devise, or descent; and
  3. (3) the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 3.002. COMMUNITY PROPERTY. Community property consists of the property, other than separate property, acquired by either spouse during marriage.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 3.003. PRESUMPTION OF COMMUNITY PROPERTY.

  • (a) Property possessed by either spouse during or on dissolution of marriage is presumed to be community property.
  • (b) The degree of proof necessary to establish that property is separate property is clear and convincing evidence.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Courtesy of: Alabama Constitution and Statutes

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Begin your case with Alabama Divorce Online

How it works?

Confirm you qualify to use Alabama Divorce Online then complete 3 easy steps:

STEP 1: You answer questions. Attorney drafts your divorce documents (online only)

STEP 2: You and your spouse sign and notarize the divorce papers remotely (online option $85)

STEP 3: We file the papers with the court for you (online option $95)

START YOUR DIVORCE