Alabama Legal Guides
31 guides covering Alabama topics, each with Caselaw search beside the article.
Where to search Alabama lawFree caselaw search for Alabama — search by citation, case name, or legal issue, with full text and PDFs.
- Adverse Possession in Alabama
Alabama adverse possession: 10 years with color of title or tax listing, or 20 years by prescription under Ala. Code § 6-5-200. Elements, taxes, color of title, and linked Alabama opinions.
- Alabama Alimony: Eligibility, Amount, and Duration
How Alabama courts award alimony under Ala. Code §§ 30-2-51 to 30-2-55: eligibility, statutory factors, duration, and leading cases.
- Alabama Child Support Guidelines: How Support Is Calculated
How Alabama calculates child support under Ala. R. Jud. Admin. Rule 32; Ala. Code § 30-3-1, including the income shares, deviations, modification, and leading cases.
- Alabama Classifies Embryos as Children for Wrongful Death Act Purposes
Alabama, like many states, has a statute providing for civil recovery for the death of a minor. In Alabama, that statute is the Alabama Wrongful Death of a Minor Act , located at Section 6-5-391 of the Alabama Code. In LePage v. the Ctr. fo…
- Alabama Evidence Law: Admissibility, Hearsay, and Authenticity
A practitioner guide to Alabama evidence law under the Alabama Rules of Evidence: general admissibility, character evidence, hearsay and its workhorse exceptions, unavailable declarants, depositions at trial, party admissions, dying declarations, medical statements, and a dedicated authenticity section — with case and statute links in the LawDiver corpus.
- Alabama Probate Court Has No Jurisdiction To Alter Circuit Court Judgment
In the March 2020 opinion of Ex parte Huntingdon College , the Alabama Supreme Court directed an Alabama probate court to vacate an order that nullified a circuit court judgment on the basis that the probate court lacked jurisdiction. The F…
- Alabama Supreme Court: Administrator Allowed To Sell Estate Real Property
When a decedent dies intestate in Alabama, an administrator of the estate is permitted to sell estate real property if needed for payment of debts of the estate or costs and expenses of administration. In Brown v. Berry-Pratt , the Alabama …
- Alabama Supreme Court: Alabama Circuit Court Lacks Subject Matter Jurisdiction Over Claims Against Georgia Executor
The Alabama Supreme Court, in Ex Parte Nancy T. Beamon , addressed the issue of subject matter jurisdiction in an Alabama court over an executor of an estate pending in another state. The Alabama Supreme Court determined that an Alabama cir…
- Alabama Supreme Court: Failure to Record Marriage Document Before Death Does Not Invalidate Marriage
In Porter v. Estate of Porter , a December 10, 2021 opinion from the Alabama Supreme Court, the court determined whether the death of a party to a marriage, after a marriage document is executed but before the marriage document is recorded …
- Alabama Supreme Court: How To Prove Proper Execution Of a Will
In the November 2020 opinion of McElroy v. Estate of McElroy , the Alabama Supreme Court reviewed the basics of how to make a valid will, and how to prove the proper execution of a will that is not-self proving. In this case, the will conte…
- Alabama Supreme Court Rejects Probate of Lost Will
Beneficiaries of lost wills can attempt to probate a lost will if the requirements of state law are met. In January of 2020, the Alabama Supreme Court amplified the rules for probating a lost will in Alabama. In Taylor v. Hoehn , No. 118037…
- Can I Get Sued After a Car Accident in Alabama? Does Fault Matter?
Alabama car accident lawsuits and fault: contributory negligence (any plaintiff fault can bar recovery) under Ala. Code § 6-5-521 (last clear chance); contributory negligence at common law, when you can sue or be sued, insurance rules, and the statute of limitations (2 years — Ala. Code § 6-2-38(l)).
- Castle Doctrine in Alabama: Deadly Force Against Intruders
Alabama castle doctrine: when occupants may use deadly force against home intruders, key statutes (Ala. Code § 13A-3-23), presumptions, and leading cases.
- Child Custody and Parenting Time in Alabama
How Alabama courts decide custody and parenting time under Ala. Code §§ 30-3-150 to 30-3-169.3, including best-interests factors, relocation, and modification.
- DUI Penalties in Alabama
Alabama DUI penalties under Ala. Code § 32-5A-191: BAC limits, first-offense range, when a DUI becomes a felony, and ignition-interlock rules.
- How Does Bond Work in Alabama? Bail and Pretrial Release Explained
Alabama bail and bond explained: cash, surety, and ROR. Types of release, what judges consider at a bail hearing, forfeiture risks, and linked Alabama opinions under Ala. Code §§ 15-13-1 to 15-13-7.
- How Does Eviction Work in Alabama?
Alabama eviction / forcible entry and detainer (FED) under Ala. Code §§ 6-6-310 to 6-6-338; Ala. Code § 35-9A-421: notices, filing forum, timeline to a writ of possession, and common tenant defenses.
- How to Expunge a Criminal Record in Alabama
Alabama expungement begins with Ala. Code § 15-27-1, petition to Expunge Records - Misdemeanor Offense, Violation, Traffic Violation, or Municipal Ordinance Violation. This guide follows that petition, the records that travel under a different section, and the opinions that have already decided these requests.
- How to File a Lawsuit Without a Lawyer in Alabama: Pro Se Litigation Guide
A practical Alabama guide to representing yourself: what statutes, cases, and rules are; how to draft and file a complaint (or statement of claim in small claims); how service and AlaFile / Odyssey eFile & Serve (county rollout varies) registration work; discovery; evidence; and how LawDiver helps you research authorities in the corpus.
- How to File for Divorce in Alabama
Alabama divorce filing guide: At least one spouse must have been a bona fide Alabama resident for six months immediately before filing. equitable distribution; linked statutes and process overview.
- How to Get a Prison Sentence Reduced in Alabama
Paths to shorten or correct a Alabama prison sentence under Ala. R. Crim. P. Rule 24: modification motions, good-time credits, parole, and post-conviction relief — with linked Alabama opinions.
- How to Modify Alimony in Alabama
Step-by-step guide to modifying alimony in Alabama under Ala. Code §§ 30-2-51 to 30-2-55: changed-circumstances standards, retirement and cohabitation rules, when changes take effect, and the cases that matter.
- How to Modify Child Support in Alabama
Step-by-step guide to modifying a Alabama child support order under Ala. Code § 30-3-1; Ala. R. Jud. Admin. Rule 32: what counts as a change in circumstances, when changes take effect, and the cases that matter.
- Is Abortion Legal in Alabama?
Alabama abortion law after Dobbs: near-total ban. Near-total ban at any gestational age. Linked statutes and Alabama opinions.
- Security Deposit Return in Alabama
How Alabama landlords must handle residential security deposits under Ala. Code § 35-9A-201: limits, return deadlines, and wrongful-withholding remedies.
- Stand Your Ground Laws in Alabama
Alabama stand-your-ground overview (statutory stand-your-ground): duty to retreat, statutes, civil immunity, and controlling cases.
- Surviving Spouse Rights Alabama
Surviving Spouse rights in Alabama (also known as widow's rights) include: Intestate Share Elective Share Homestead Allowance Exempt Property Family Allowance Pretermitted Spouse What Are Surviving Spouse Rights in Alabama If There Is No Wi…
- The Alabama Supreme Court On Proving The Existence and Terms Of an Oral Trust
In Ledbetter v. Ledbetter , a sibling dispute over the existence of an oral trust, the Alabama Supreme Court reversed a summary judgment finding that the evidence was insufficient to support the existence of an oral trust under Alabama law.…
- What Happens If I Refuse a Breathalyzer Test in Alabama?
Alabama implied-consent consequences for refusing a chemical breath or blood test under Ala. Code § 32-5-192, including license suspension and evidence use.
- Who Are Next Of Kin In Alabama?
“Next of kin” under Alabama law for purposes of inheritance means those people who are set to inherit from an intestate estate (where the decedent died without a will). For inheritance purposes, “next of kin” are often referred to as “heirs…
- Who Can Make a Will In Alabama?
Under Alabama law, a person must be at least 18 years old and be of sound mind to make a valid will. See Ala. Code § 43-8-130 . What Is the Standard For Mental Capacity To Make a Will In Alabama? To make a valid will under Alabama law, the …