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43-8-252
Section 43-8-252 Effect of divorce, annulment, or decree of separation. (a) A person who is
divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving
spouse unless, by virtue of a subsequent marriage, he is married to the decedent at the time
of death. A decree of separation which does not terminate the status of husband and wife is
not a divorce for purposes of this section. (b) For purposes of sections 43-8-40 through 43-8-49,
43-8-55 through 43-8-58, 43-8-70 through 43-8-76, 43-8-90, 43-8-91, and 43-8-110 through 43-8-113,
a surviving spouse does not include: (1) A person who obtains or consents to a final decree
or judgment of divorce from the decedent or an annulment of their marriage, which decree or
judgment is not recognized as valid in this state, unless they subsequently participate in
a marriage ceremony purporting to marry each to the other, or subsequently live together as
man and wife; (2) A person who, following a decree or...
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43-8-137
Section 43-8-137 Revocation by divorce or annulment; revival by remarriage; no revocation by
other changes or circumstances. If after executing a will the testator is divorced or his
marriage annulled, the divorce or annulment revokes any disposition or appointment of property
made by the will to the former spouse, any provision conferring a general or special power
of appointment on the former spouse, and any nomination of the former spouse as executor,
trustee, or guardian, unless the will expressly provides otherwise. Property prevented from
passing to a former spouse because of revocation by divorce or annulment passes as if the
former spouse failed to survive the decedent, and other provisions conferring some power or
office on the former spouse are interpreted as if the spouse failed to survive the decedent.
If provisions are revoked solely by this section, they are revived by testator's remarriage
to the former spouse. For purposes of this section, divorce or annulment means any...
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26-21-3
Section 26-21-3 Written consent of parent or guardian to performing abortion on unemancipated
minor; written statement where abortion to be performed on emancipated minor; waiver of consent
requirement; coercion; forms. (a) Except as otherwise provided in subsections (b) and (d)
of this section and Sections 26-21-4 and 26-21-5 hereof, no physician shall perform an abortion
upon an unemancipated minor unless the physician or his or her agents first obtain the written
consent of either parent or the legal guardian of the minor. (b) The physician who shall perform
the abortion or his or her agents shall obtain or be provided with the written consent from
either parent or legal guardian stating the names of the minor, parent, or legal guardian,
that he or she is informed that the minor desires an abortion and does consent to the abortion,
the date, and the consent shall be signed by either parent or legal guardian. The signatures
of the parents, parent, or legal guardian shall be affixed...
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30-3-191
Section 30-3-191 Definitions. When used in Sections 30-3-191 to 30-3-199, inclusive, the following
words shall have the following meanings: (1) ACCOUNT. A demand deposit account, checking or
negotiable withdrawal order account, savings account, time deposit account, or money-market
mutual fund account. (2) BUSINESS DAY. A day on which state offices are open for regular business.
(3) COMMERCIAL DRIVER LICENSE. A license issued to an individual that authorizes the individual
to drive a motor vehicle as part of conducting business. (4) CONFIDENTIAL INFORMATION. Information
provided by a service applicant or recipient or obtained from other sources about him or her
which may be released only as required by court order or state or federal law. (5) COURT.
A court of competent jurisdiction or administrative agency having the authority to issue and
enforce support orders. (6) DATA MATCH. An automated process of matching specified information
from the financial records of financial institutions...
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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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30-2-9
Section 30-2-9 Validation of marriage of divorced persons where remarriage not specifically
prohibited by divorce judgment. The marriages of all persons married subsequent to a divorce
judgment granted in this state which did not prohibit the person from remarrying are hereby
declared to be valid, notwithstanding that the judgment of divorce did not specifically confer
on such person the right to remarry. This section shall not be deemed to abridge in any way
the force and effect of Section 30-2-10. (Acts 1947, No. 359, p. 244.)...
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30-4-17
Section 30-4-17 Revocation of certain transferable interests in property upon divorce or annulment.
(a) In this section, the following terms have the following meanings: (1) DISPOSITION OR APPOINTMENT
OF PROPERTY. Includes a transfer of an item of property or any other benefit to a beneficiary
designated in a governing instrument. (2) DIVORCE or ANNULMENT. Any divorce or annulment,
or any dissolution or declaration of invalidity of a marriage, that would exclude the spouse
as a surviving spouse within the meaning of Section 43-8-252. A decree of separation that
does not terminate the status of husband and wife is not a divorce for purposes of this section.
(3) DIVORCED INDIVIDUAL. An individual whose marriage has been terminated by divorce or annulment.
(4) GOVERNING INSTRUMENT. An instrument executed by the divorced individual before the divorce
or annulment of his or her marriage to his or her former spouse. (5) RELATIVE OF THE DIVORCED
INDIVIDUAL'S FORMER SPOUSE. An individual who...
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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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30-3C-2
Section 30-3C-2 Definitions. In this chapter, the following terms have the following meanings:
(1) ABDUCTION. The wrongful removal or wrongful retention of a child. (2) CHILD. An unemancipated
individual who is less than 19 years of age. (3) CHILD-CUSTODY DETERMINATION. A judgment,
decree, or other order of a court providing for the legal custody, physical custody, or visitation
with respect to a child. The term includes a permanent, temporary, initial, and modification
order. The term does not include an order relating to child support or other monetary obligation
of an individual. (4) CHILD-CUSTODY PROCEEDING. A court proceeding in which legal custody,
physical custody, or visitation with respect to a child is at issue. The term includes a proceeding
for divorce, dissolution of marriage, legal separation, neglect, abuse, dependency, paternity,
termination of parental rights, or protection from domestic violence. The term does not include
a court proceeding involving juvenile...
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30-3B-102
Section 30-3B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ABANDONED. Left without provision for reasonable and necessary care or supervision.
(2) CHILD. An individual who has not attained 19 years of age. (3) CHILD CUSTODY DETERMINATION.
A judgment, decree, or other order of a court providing for the legal custody, physical custody,
or visitation with respect to a child. The term includes a permanent, temporary, initial,
and modification order. The term does not include an order relating to child support or other
monetary obligation of an individual. (4) CHILD CUSTODY PROCEEDING. A proceeding in a court
in which legal custody, physical custody, or visitation with respect to a child is an issue.
The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship,
paternity, termination of parental rights, and protection from domestic violence, in which
the issue may appear. The term does not include a court...
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