SB208 Alabama 2015 Session

Summary

Primary Sponsor

Tom Whatley

Republican

Session

Regular Session 2015

Title

Divorce, court granting divorce witihin 30 days allowed, divorce and other marital issues, separated, divorce without hearing, granted, restriction on remarrying, decreased to 30 days, appeal filed and affecting divorce, prohibited, Secs. 30-2-8.1, 30-2-10 am'd.

Description

Under existing law, a divorce may not be granted until 30 days after the filing of the complaint for divorce.

This bill would require the court to grant a divorce within 30 days of the filing of the complaint for divorce.

Under existing law, a divorce may not be granted until all issues of the marriage are resolved, including, but not limited to, the division of property and the determination of child custody.

This bill would separate the granting of a divorce from any issues of the marriage and would allow the court to grant a divorce without hearing and would allow the other marital issues to be decided at a later date.

Under existing law, neither party to a divorce may remarry, except to each other, within 60 days of the judgment granting the divorce.

This bill would provide that neither party to a divorce may remarry, except to each other, within 30 days of the judgment granting the divorce.

Under existing law, if an appeal to a divorce is made within 60 days of the judgment being entered then neither party may remarry, except to each other, during the pendency of the appeal.

This bill would provide that if an appeal is filed within 42 days of the divorce being granted the appeal would apply only to the issues at trial and would not stay the granting of the divorce.

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Subjects

Domestic Relations