Can you get a divorce in Alabama for desertion?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can you get a divorce in Alabama for desertion?

My granddaughter needs to get a divorce in order to get help with
housing but he will not sign. They were married when she was pregnant
but only lived together a few weeks, over two years ago. He has never
paid child support.

Asked on July 7, 2016 under Family Law, Alabama

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your granddaughter can file for divorce just because she wants it or needs it.  She really doesn't need to have a reason.  However, if she files, she can ask the court to order her husband to pay child support.  Before she files, however, arrange for her to have a consultation with at least one or two divorce attorneys so that she can review the appropriate timing of a divorce action.  From what you describe, the child in this case would be under three years old.  If she files right now, the court may want to allow him access to the child. (Not a guarantee... just a risk.)  She may want to wait until the baby is just a bit older.  At that time, she will have a stronger argument for no contact on the basis that he has effectively abandoned the baby and there is no bond.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption