Since the landmark Obergefell v. Hodges decision by the U.S. Supreme Court in 2015, same-sex marriages have been recognized nationwide, including in Alabama. With that recognition comes the equal right to file for divorce. However, for many LGBT couples, navigating the divorce process in Alabama can present unique challenges that may not arise for heterosexual couples.
Equal Legal Treatment for LGBT Divorce in Alabama
In Alabama, the law treats same-sex divorce in the same manner as opposite-sex divorce. Both are governed by the same family law statutes, including:
- Equitable distribution of marital property
- Eligibility for spousal support (alimony)
- Application of the best interests of the child standard for custody
- Access to both contested divorce and uncontested divorce options
Whether you are in a same-sex marriage, a domestic partnership converted to marriage, or an LGBT couple married in another state but residing in Alabama, you have the same right to pursue divorce through the state’s legal system.
Residency Requirements for LGBT Divorce in Alabama
Before you can file for divorce in Alabama, at least one spouse must meet the state’s residency requirement:
- At least one spouse must have lived in Alabama for six months prior to filing.
This rule applies to all couples, including sex couples (same-sex couples) and heterosexual couples.
Property Division in Alabama LGBT Divorce
Alabama follows the principle of equitable distribution for dividing marital assets. This does not necessarily mean a 50/50 split. Instead, courts aim to divide property fairly, considering factors such as:
- Each spouse’s financial contribution to the marriage
- Length of the marriage
- Each spouse’s income and earning potential
- Non-financial contributions, such as caregiving or homemaking
- Existing buy-sell agreements or prenuptial/postnuptial agreements
- Whether property was acquired before or during the marriage
Pre-Marriage Cohabitation Complications
A unique issue in Alabama LGBT divorce is the treatment of assets acquired before the legal recognition of same-sex marriages. Many couples lived together for years prior to marriage, accumulating assets jointly. However, Alabama courts generally only consider property obtained after the legal marriage date as marital property subject to division.
This can lead to disputes if one spouse argues for recognition of the couple’s full relationship history. An experienced divorce attorney can help present arguments for equitable treatment based on long-term cohabitation.
Spousal Support (Alimony)
Spousal support, also known as alimony, may be awarded in LGBT divorces under the same guidelines used for all couples. Courts consider:
- The length of the marriage
- The financial need of one spouse and the other spouse’s ability to pay
- Whether one spouse supported the other’s career or education
- If one spouse left the workforce to support the family
- The lifestyle maintained during the marriage
Courts may also consider pre-marriage cohabitation when determining spousal support, though this is at the judge’s discretion.
Child Custody and Child Support in LGBT Divorce
Child custody issues in Alabama LGBT divorce can be especially sensitive. Alabama courts apply the best interests of the child standard to determine:
- Custody (legal and physical)
- Visitation rights
- Child support obligations
Legal vs. Biological Parenthood
In Alabama, parental rights are based on legal parentage, not solely on biology. If both spouses are legal parents(through adoption, biological connection, or assisted reproduction with proper legal steps), they will both have equal standing in court.
If one spouse is the biological parent and the other did not adopt the child, the non-biological parent may face challenges in securing custody or visitation rights. This underscores the importance of legal adoption, even in long-term relationships.
Unique Challenges in Alabama LGBT Divorce
Although the law formally treats sex divorce in Alabama the same as any other marriage and divorce, LGBT couples often face unique hurdles, such as:
- Lack of clarity on long-term cohabitation before marriage
- Disputes over parental rights for non-biological parents
- Outdated paperwork still referencing “husband and wife” rather than “spouse and spouse”
- Social stigma or discrimination in small communities
- Complexities involving gender transition during marriage or divorce
Working with a knowledgeable LGBT divorce lawyer can help navigate these issues with sensitivity and legal precision.
Contested vs. Uncontested Divorce
Like other couples, LGBT spouses can pursue either a contested divorce or an uncontested divorce in Alabama:
- Uncontested divorce is faster, cheaper, and simpler if both spouses agree on all terms of property division, spousal support, child custody, and child support.
- Contested divorce involves court proceedings when spouses cannot agree on one or more issues. In this case, each spouse should retain their own divorce attorney to protect their interests.
Why Legal Representation Matters
Whether your case is straightforward or involves unique challenges, an experienced LGBT divorce attorney can:
- Help file for divorce correctly
- Ensure proper valuation and division of property
- Protect your parental rights
- Represent you in negotiations or court proceedings
- Provide guidance on spousal support and child support obligations
The right to marry brings with it the right to divorce. For LGBT couples in Alabama, this process is legally recognized but can involve additional layers of complexity. Understanding your rights, preparing properly, and working with a compassionate and experienced family law attorney can help ensure a smoother divorce process.
If you are considering an Alabama LGBT divorce, seek professional legal counsel to protect your interests and achieve a fair resolution for you and your family.