What is the “Homewrecker” Law in Alabama?
The term “homewrecker” law often refers to the alienation of affection lawsuit, which allows a person to sue a third party for damages resulting from the breakup of their marriage. However, Alabama does not recognize alienation of affection as a valid cause of action. In other words, you cannot sue someone for breaking up your marriage in Alabama. While adultery can be a ground for divorce and influence certain aspects of the divorce proceedings, Alabama law does not provide a legal avenue to directly sue the person your spouse cheated with for damages related to the marital breakdown. This contrasts with states like Mississippi, where such lawsuits are permitted under specific circumstances.
Understanding Alabama’s Divorce Laws and Adultery
While you can’t sue a “homewrecker” in Alabama, adultery still plays a role in divorce proceedings. It’s one of the fault-based grounds for divorce recognized by the state. Filing for divorce based on adultery requires proving that your spouse committed adultery. This can influence decisions related to alimony, child support, and property division. However, it’s important to remember that Alabama also offers no-fault divorce, meaning you can divorce without proving wrongdoing by either party.
Adultery and its Consequences in Divorce Cases
If you choose to file for divorce based on adultery, you will need to provide concrete evidence of the affair. Alabama law requires evidence of an agreement between the spouse and the extra-marital partner to continue committing adultery. Mere suspicion or circumstantial evidence is usually insufficient. Successful proof of adultery can significantly impact the outcome of the divorce, particularly regarding financial matters.
The Role of Adultery in Financial Decisions
Alabama courts consider various factors when determining alimony and property division. Proving adultery can lead the court to award a larger share of marital assets or a higher alimony payment to the wronged spouse. This is because adultery is seen as a breach of the marital contract and can be used as a justification for a more favorable outcome for the non-adulterous spouse.
No-Fault Divorce as an Alternative
Even with the potential benefits of pursuing a fault-based divorce, many people in Alabama opt for a no-fault divorce. This approach simplifies the process and can reduce conflict. It is important to consult with an experienced family law attorney to discuss the specifics of your situation and choose the path that best suits your needs. The Games Learning Society is just one resource for gaining a better understanding of all the details in a divorce.
Frequently Asked Questions (FAQs) about Alabama Divorce Law
Here are some frequently asked questions regarding Alabama divorce law, particularly as it relates to adultery and third-party involvement.
1. Can I sue my spouse for cheating in Alabama?
While you can’t sue a third party for alienation of affection, you can file for divorce based on adultery. You’ll need to provide evidence of the affair. Proving adultery might influence alimony and asset division.
2. Is adultery a crime in Alabama?
Yes, adultery is a Class B misdemeanor in Alabama, according to Alabama Code ยง 13A-13-2. However, the law is rarely enforced.
3. Can I date while separated in Alabama?
There are no laws stopping you from dating while going through a divorce in Alabama. However, it’s generally not advisable as it can complicate the divorce process and affect relationships with children.
4. If a wife gets pregnant by another man during the marriage, who is legally considered the father in Alabama?
In Alabama, children born to a married woman are legally presumed to be the children of the husband. To change this, you must file a Motion to Determine Child Born Out of Wedlock to revoke paternity.
5. What if my wife gets pregnant by another man during the divorce process?
If your wife is pregnant by another man during the divorce, you’ll need to file a petition to disprove parentage. Otherwise, you may be legally obligated to financially support a child that is not yours.
6. What constitutes adultery as grounds for divorce in Alabama?
Alabama law requires evidence of an agreement between the spouse and the extra-marital partner to continue committing adultery. It is difficult to prove that an affair has occurred.
7. Is Alabama a “50/50” state for divorce?
No, Alabama is an equitable distribution state. This means that marital assets and debts are divided fairly, but not necessarily equally. Adultery can influence the court’s decision on what is considered “equitable.”
8. What happens if a married woman has a child with another man in Alabama?
Either the husband or wife must file a Motion to Determine Child Born Out of Wedlock to ask the judge to revoke paternity.
9. Does it matter who files for divorce first in Alabama?
The spouse who files first is the plaintiff and can set the initial tone of the divorce. It may have some tactical advantages, but it doesn’t necessarily guarantee a more favorable outcome.
10. Can I get alimony if I cheated on my spouse in Alabama?
Adultery can negatively impact your chances of receiving alimony. The court may be less likely to award alimony to a spouse who committed adultery, especially if it contributed to the breakdown of the marriage.
11. Does adultery affect child custody in Alabama?
While adultery doesn’t automatically disqualify a parent from custody, it can be a factor if it demonstrates poor moral character or negatively impacts the child’s well-being. The court’s primary concern is always the best interests of the child.
12. What evidence is needed to prove adultery in Alabama?
Direct evidence, such as photos, videos, or admissions, is ideal. However, circumstantial evidence, such as witness testimony or financial records, can also be used.
13. What are the grounds for a fault-based divorce in Alabama besides adultery?
Other fault-based grounds include abandonment, habitual drunkenness or drug use, imprisonment, and physical or emotional abuse.
14. How long do you have to be married in Alabama to get half of everything?
Alabama is an equitable distribution state, not a community property state. This means that even after a long marriage, assets will be divided fairly but not necessarily equally.
15. Can a separated wife have a boyfriend in Alabama?
Dating while separated is generally permissible, but it can complicate the divorce process and affect the outcome, especially if it’s seen as contributing to the marital breakdown. You should ensure that you are legally separated before dating.
This information is for general guidance only and does not constitute legal advice. It is recommended to consult with a qualified attorney in Alabama for advice regarding your specific situation. For more insights into various topics, including learning through games and other innovative methods, visit GamesLearningSociety.org.