If you want a divorce and your partner lives out of state, getting anything done can be difficult. You might wonder how you can get a divorce when your husband or wife does not even live in Alabama. Even if you did get a divorce, getting child support or payment of medical expenses might seem even more difficult.
Even so, the Alabama Court of Civil Appeals recently decided a case that shows that you may still get a child support even if the other person lives outside the state. In Ex parte Logarides, the court looked at whether a husband who lived in Virginia could be required to pay child support and medical expenses when the wife lived in Alabama. To decide this, the court had to look closely at the husband’s contacts with Alabama.
If your partner has no connection with Alabama whatsoever, getting all your issues handled is going to be tough. However, if they have “minimum contacts” with the state, then you might have a good chance. These minimum contacts can be any number or kind of connections to Alabama that the court will look at.
The Logarides court looked at a number of factors. The husband and wife were married in Alabama. Also, the wife lived in Alabama while the husband was overseas. Further, the children were born in Alabama. The husband also had bank accounts in Alabama and the couple filed taxes jointly and listed their address in Alabama. Because of those factors, the appeals court found that the husband had “minimum contacts” with Alabama and that the trial court could enter a judgment awarding child support and medical expenses to the now ex-wife.
If you are thinking about or involved in a divorce, it is important to fully consider your options. Even if the other party lives out of state, you may want to consult an attorney and figure out what is best for you. If you find yourself in this situation, it is important to consult an attorney with experience and knowledge in divorces cases.
If you have any legal questions about a divorce, please call Joseph A. Ingram at (205) 335-2640.