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30-3-2
Section 30-3-2 Custody and education of children upon voluntary separation of husband and wife.
(a) In all cases of voluntary separation of husband and wife, the circuit court has power,
on the motion of either party, 20 days' notice thereof being given to the other, to permit
either the father or mother to have the custody and control of the children and to superintend
and direct their education, having regard to the prudence, ability, and fitness of the parents,
and the age and sex of the children. (b) Upon the hearing of the motion, witnesses may be
examined orally or testimony may be taken as in other civil actions. While the application
is pending, the court may direct an injunction or make any order that the safety and well-being
of the wife or children may require. (Code 1852, §§2006, 2007; Code 1867, §§2397, 2398;
Code 1876, §§2746, 2747; Code 1886, §§2368, 2369; Code 1896, §§2536, 2537; Code 1907,
§§4503, 4504; Code 1923, §§8278, 8279; Code 1940, T. 34, §§79,...
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30-3-1
Section 30-3-1 Custody and education of children upon grant of divorce; custody of 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 sex of the
children; and pending the action, may make such orders in respect to the custody of the children
as their safety and well-being may require. But in cases of abandonment of the husband by
the wife, he shall have the custody of the children after they are seven years of age, if
he is a suitable person to have such charge. (Code 1852, §1977; Code 1867, §2367; Code 1876,
§2701; Code 1886, §2338; Code 1896, §1501; Code 1907, §3808; Code 1923, §7422; Code 1940,
T. 34, §35.)...
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6-10-40
Section 6-10-40 Sale of land and separation of homestead interest from that of alienee. When
the homestead, after being reduced to the lowest practicable area, exceeds $5,000 in value
and the husband or wife has aliened the same by deed, mortgage, or other conveyance without
the voluntary signature and assent of the spouse, shown and acknowledged as required by law,
the alienor or, if he or she fails to act, the spouse or, if there is no spouse or if he or
she fails to act, their minor child or children may, by filing a complaint, have the land
sold and the homestead interest separated from that of the alienee. (Code 1876, §2832; Code
1886, §2538; Code 1896, §2064; Code 1907, §4191; Code 1923, §7913; Code 1940, T. 7, §656;
Acts 1980, No. 80-569, p. 879, §6.)...
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6-10-39
Section 6-10-39 Interposition of homestead claim or other exemptions and defense of contest
thereof by spouse or minor children. If a husband, wife or parent, entitled to a homestead
or other exemption, absconds or abandons his or her family, leaves the state, is insane, is
confined under a charge or conviction for felony or misdemeanor, or is under any other disability
or inability, the spouse or, if there is no spouse, the minor child or children, residents
of this state with the intention so to continue, shall be entitled to interpose any and all
claims of homestead or other exemption which the husband, wife, or parent could have interposed;
but the right to such exemptions shall continue only so long as the spouse and minor child
or children, or either, shall remain bona fide residents of this state. In the event of the
death of the husband, wife or parent pending any contest of a claim of homestead or other
exemption, such contest may be revived in the name of the surviving...
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30-2-40
Section 30-2-40 Legal separation. (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 or there exists a complete incompatibility of temperament
or one or both of the parties desires to live separate and apart. (3) To the extent that it
has jurisdiction to do so, the court has considered, approved, or provided for child custody,
and has entered an order for child support in compliance with Rule 32 of the Alabama Rules
of Judicial Administration. (b) A legal separation is a court determination of the rights
and responsibilities of a husband and wife arising out of the marital relationship. A decree
of legal separation does not terminate the marital status of the parties. (c) If a party files
a complaint for a decree of legal separation rather than a decree of...
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6-5-390
Section 6-5-390 Injury to minor child. A father or a mother, provided they are lawfully living
together as husband and wife, shall have an equal right to commence an action for an injury
to their minor child, a member of the family; provided, however, that in the event such mother
and father are not lawfully living together as husband and wife, or in the event legal custody
of such minor child has been lawfully vested in either of the parties or some third party,
then and in either event the party having legal custody of such minor child shall have the
exclusive right to commence such action. (Code 1852, §2135; Code 1867, §2531; Code 1876,
§2898; Code 1886, §2587; Code 1896, §25; Code 1907, §2484; Code 1923, §5694; Code 1940,
T. 7, §118; Acts 1979, No. 79-443, p. 725.)...
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30-2-1
Section 30-2-1 Grounds; jurisdiction for proceedings; divorce judgment awarded to 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 the
marriage physically and incurably incapacitated from entering into the marriage state. (2)
For adultery. (3) For voluntary abandonment from bed and board for one year next preceding
the filing of the complaint. (4) Imprisonment in the penitentiary of this or any other state
for two years, the sentence being for seven years or longer. (5) The commission of the crime
against nature, whether with mankind or beast, either before or after marriage. (6) For becoming
addicted after marriage to habitual drunkenness or to habitual use of opium, morphine, cocaine,
or other like drug. (7) Upon application of either the husband or wife,...
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6-10-106
Section 6-10-106 Proceedings to set aside exemptions when husband, wife, or parent absent seven
years and residence not ascertainable - Generally. (a) When the real and personal property
owned by an absent husband, wife, or parent who has not been heard from and whose residence
has been unknown for seven years and whose residence cannot be ascertained by diligent inquiry
does not exceed in amount and value the exemptions allowed in favor of his or her surviving
spouse and minor child or children, or either, the probate court of the county in which he
or she resided before leaving his or her spouse or children, upon the application of the deserted
spouse or, if there is no spouse or he or she does not act, upon the application of the guardian
or of a suitable person who shall be appointed by the judge of probate as next friend of such
minor children, verified by oath and setting forth such facts, must appoint two commissioners,
who shall make a full and complete inventory and...
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6-10-2
Section 6-10-2 Homestead exemption - Amount; area. The homestead of every resident of this
state, with the improvements and appurtenances, not exceeding in value fifteen thousand dollars
($15,000) and in area 160 acres, shall be, to the extent of any interest he or she may have
therein, whether a fee or less estate or whether held in common or in severalty, exempt from
levy and sale under execution or other process for the collection of debts during his or her
life and occupancy and, if he or she leaves surviving him or her a spouse and a minor child,
or children, or either, during the life of the surviving spouse and minority of the child,
or children, but the area of the homestead shall not be enlarged by reason of any encumbrance
thereon or of the character of the estate or interest owned therein by him or her. When a
husband and wife jointly own a homestead each is entitled to claim separately the exemption
provided herein, to the same extent and value as an unmarried individual....
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6-10-8
Section 6-10-8 Rights of beneficiaries and assignees under life insurance policies. If a policy
of insurance, whether heretofore or hereafter issued, is effected by any person on his or
her own life or on another life in favor of a person other than himself or herself or, except
in cases of transfer with intent to defraud creditors, if a policy of life insurance is assigned
or in any way made payable to any such person, the lawful beneficiary or assignee thereof,
other than the insured or the person so effecting such insurance, or his or her executors
or administrators, shall be entitled to its proceeds and avails against the creditors and
representatives of the insured and of the person effecting the same, whether or not the right
to change the beneficiary is reserved or permitted and whether or not the policy is made payable
to the person whose life is insured if the beneficiary or assignee shall predecease such person;
provided, that subject to the statute of limitations, the amount...
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