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12-13-2
Section 12-13-2 Person in federal service and spouse thereof who die while living within state
deemed resident of state and of county in which living for purposes of probate jurisdiction.
Any person in any branch of service of the government of the United States of America, including
those in the military, air and naval service, and the husband or wife of any such person,
if he or she dies while living within the borders of the State of Alabama, shall be deemed
prima facie to be a resident and inhabitant of the State of Alabama and of the county in which
he or she was living at the time of his or her death for purposes of general probate jurisdiction,
including the probation of his or her will and the granting of letters testamentary or of
administration upon his or her estate. (Acts 1955, No. 540, p. 1196.)...
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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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30-3B-310
Section 30-3B-310 Hearing and order. (a) Unless the court issues a temporary emergency order
pursuant to Section 30-3B-204, upon a finding that a petitioner is entitled to immediate physical
custody of the child, the court shall order that the petitioner may take immediate physical
custody of the child unless the respondent establishes that: (1) The child custody determination
has not been registered and confirmed under Section 30-3B-305 and that: a. The issuing court
did not have jurisdiction under Article 2; b. The child custody determination for which enforcement
is sought has been vacated, stayed, or modified by a court of a state having jurisdiction
to do so under Article 2; or c. The respondent was entitled to notice, but notice was not
given in accordance with the standards of Section 30-3B-108, in the proceedings before the
court that issued the order for which enforcement is sought; or (2) The child custody determination
for which enforcement is sought was registered and...
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40-7-17
Section 40-7-17 By whom property should be listed. The property of every minor shall be listed
by his guardian, if he has one; if he has no guardian, by his father, if living; if the father
is dead, by his mother, if living; if the mother is also dead or married, by the person having
it in charge; of the wife, by the husband, if living and sane, and the parties reside together;
if the husband is dead or insane, or he is not living with his wife, by the wife; of any person
for whose benefit the property is held in trust, by the trustee; of every deceased person,
by the executor or administrator, but if there be no executor or administrator by any person
having an interest in the estate of said decedent by bequest or devise or under the laws of
descent and distribution; of those whose property is in the hands of receivers, by such receivers;
of every firm or body corporate, by the partner, president, principal officer, or agent thereof;
property in the hands or custody of any public...
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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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30-3D-316
Section 30-3D-316 Special rules of evidence and procedure. (a) The physical presence of a nonresident
party who is an individual in a tribunal of this state is not required for the establishment,
enforcement, or modification of a support order or the rendition of a judgment determining
parentage of a child. (b) An affidavit, a document substantially complying with federally
mandated forms, or a document incorporated by reference in any of them, which would not be
excluded under the hearsay rule if given in person, is admissible in evidence if given under
penalty of perjury by a party or witness residing outside this state. (c) A copy of the record
of child-support payments certified as a true copy of the original by the custodian of the
record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in
it, and is admissible to show whether payments were made. (d) Copies of bills for testing
for parentage of a child, and for prenatal and postnatal health care of...
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30-4-56
Section 30-4-56 Offense deemed committed in county where wife or children present; extradition
of defendant from another state or county. Any offense under this article shall be held to
have been committed in any county in which such wife, child or children may be at the time
such complaint is made. Whenever the judge within whose jurisdiction an offense under this
article is alleged to have been committed shall, after an investigation of the facts and circumstances
thereof, certify that, in his opinion, the charge is well founded and the case a proper one
for extradition, or in any case, if the cost of extradition is borne by the parties interested
in the case, the person charged with having left the state with the intention of evading the
terms of his probation, or of abandoning or deserting his wife, child or children shall be
apprehended and brought back to the county having jurisdiction of the case, in accordance
with the law providing for the apprehension and return to this state...
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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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6-10-87
Section 6-10-87 Report of appraisers or commissioners - Notice to next of kin of decedent of
date set for hearing of report on exemptions. In all cases where exemptions of real or personal
property have been reported by appraisers or commissioners to the surviving spouse and minor
child or children, or either, it shall be the duty of the probate judge, immediately upon
the filing of the report of such appraisers or commissioners, to give 10 days' notice thereof
and of the day set for the hearing of said report to the next of kin of decedent, which date
of hearing shall not be less than 30 days from the filing of said report. If any of said next
of kin are nonresidents of the state, said notice shall be given by publication once a week
for three successive weeks in some newspaper published in the county or, if none is published
in the county, by posting such notice for said length of time at the courthouse door and three
other public places in the county. (Code 1923, ยง7934; Code 1940,...
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17-4-13
Section 17-4-13 Procedure for having name restored to list of qualified electors; limitation
of provisions. Any qualified elector of the county whose name is omitted or removed from the
list of qualified electors for failure to appear and reidentify himself or herself and who
has not otherwise been reidentified as herein provided shall be entitled to have his or her
name restored to the list of qualified electors by written affidavit or appearing in person
before a registrar, at the office of the board of registrars, or at the office of the judge
of probate, certifying that he or she is in fact a bona fide registered voter of that county;
provided, however, that any qualified elector can be reidentified on election day; provided
further, however, that this article shall not be construed or applied to impair or deny the
right to vote in person or by absentee ballot of any person or of the spouse or child of any
person who is in active duty of any of the Armed Forces of the United States...
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