Abandonment in divorce cases is one of the most misunderstood aspects of divorce law. It seems that everyone “knows” the laws regarding abandonment in Alabama, and hardly anyone actually does. Hopefully this will clear things up.

Alabama Code 1975, 30-2-1(a)(3) states:

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:

(3) For voluntary abandonment from bed and board for one year next preceding the filing of the complaint.

Additionally, a spouse who leaves the marital residence due to physical violence directed toward them is not guilty of voluntary abandonment. (Shelton v. Shelton, 48 Ala. App. 204, 263; So.2d 505, 506 (Civ. App. 1972))

In reality, the proliferation of no-fault divorce laws has essentially made the practice of pleading one of the statutory fault grounds for divorce archaic. If you have further questions on the law regarding abandonment in Alabama, contact my office for a free consultation. (205) 988-5570.

One thought on “Abandonment

  1. Loly Reply

    Well you and your ex have to decide. The riuhftgl parent to claim the child as a dependent would be the parent who had the child more. The reason you are paying child support is because the father has the children more, therefore takes care of them more. Even if this isn’t accurate to your situation, this is how it is seen through the law. The father would be considered the primary parent/guardian, and he would have more of a right to claim the child. Is he, however, says its ok, you can claim the child but only person can. If you claim your children then he does too, it will raise a red flag to the IRS. Honestly, I would say that if he plans to claim them, you are probably out of luck.

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