Can you get a divorce in Alabama for desertion?
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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 7 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.
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