spouse bar (Alabama) · Go Syfert
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spouse bar in Alabama

6 Alabama opinions name it 2 courts 1979–2010 0 in the last five years

The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Parish v. Parishgreen
alacivapp · 1979 · cited in 2 Alabama opinions naming this issue, 2000–2010
2 sentences

2010Thus, while not every occurrence of postmarital un-chastity by a former spouse will bar the right to alimony, a petitioner need not prove the former spouse is habitually living with another and that the couple consider themselves married.’ ” Ex parte Ward, 782 So.2d 1285, 1287 (Ala.2000) (quoting Parish v. Parish, 374 So.2d 348, 349 (Ala.Civ.App.1979)).

2000Thus, while not every occurrence of postmarital unchastity by a former spouse will bar the right to alimony, a petitioner need not prove the former spouse is habitually living with another and that the couple consider themselves married." Parish v. Parish , 374 So.2d 348 , *Page 1288 349 (Ala.Civ.App. 1979) (citations omitted).

12
Ex Parte Wardgreen
ala · 2000 · cited in 1 Alabama opinions naming this issue, 2010–2010
2 sentences

2010Thus, while not every occurrence of postmarital un-chastity by a former spouse will bar the right to alimony, a petitioner need not prove the former spouse is habitually living with another and that the couple consider themselves married.’ ” Ex parte Ward, 782 So.2d 1285, 1287 (Ala.2000) (quoting Parish v. Parish, 374 So.2d 348, 349 (Ala.Civ.App.1979)).

2010We acknowledge that there is a large “grey” area between an “occasional brief sojourn” and a common-law marriage, as described in Ex parte Ward, supra. This court has declined to set forth a bright-line test that would establish when a former spouse is cohabitating with a member of the opposite sex.

11
Greer v. Altoona Warehouse Co.green
ala · 1945 · cited in 1 Alabama opinions naming this issue, 1982–1982
2 sentences

1982See Greer v. Altoona Warehouse Co., 246 Ala. 297 , 20 So.2d 513 (1945); Beard v. Johnson, 87 Ala. 729 , 6 So. 383 (1888).

1982See Greer v. Altoona Warehouse Co., 246 Ala. 297 , 20 So.2d 513 (1945); Beard v. Johnson, 87 Ala. 729 , 6 So. 383 (1888).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Rubisoff v. Rubisoff green
miss · 1961
2 sentences

2010Thus, while not every occurrence of postmarital unchastity by a former spouse will bar the right to alimony, O’Dell v. O’Dell, 57 Ala.App. 185 , 326 So.2d 747 (1976); Rubisoff v. Rubisoff 242 Miss. 225 , 133 So.2d 534 (1961), a petitioner need not prove the former spouse is habitually living with another and that the couple consider themselves married.

2010Thus, while not every occurrence of postmarital unchastity by a former spouse will bar the right to alimony, O’Dell v. O’Dell, 57 Ala.App. 185 , 326 So.2d 747 (1976); Rubisoff v. Rubisoff 242 Miss. 225 , 133 So.2d 534 (1961), a petitioner need not prove the former spouse is habitually living with another and that the couple consider themselves married.

31979–2010
O'Dell v. O'Dell green
alacivapp · 1976
2 sentences

2010Thus, while not every occurrence of postmarital unchastity by a former spouse will bar the right to alimony, O’Dell v. O’Dell, 57 Ala.App. 185 , 326 So.2d 747 (1976); Rubisoff v. Rubisoff 242 Miss. 225 , 133 So.2d 534 (1961), a petitioner need not prove the former spouse is habitually living with another and that the couple consider themselves married.

2010Thus, while not every occurrence of postmarital unchastity by a former spouse will bar the right to alimony, O’Dell v. O’Dell, 57 Ala.App. 185 , 326 So.2d 747 (1976); Rubisoff v. Rubisoff 242 Miss. 225 , 133 So.2d 534 (1961), a petitioner need not prove the former spouse is habitually living with another and that the couple consider themselves married.

31979–2010
Beard v. Johnson neutral
ala · 1888
1 sentence

1982See Greer v. Altoona Warehouse Co., 246 Ala. 297 , 20 So.2d 513 (1945); Beard v. Johnson, 87 Ala. 729 , 6 So. 383 (1888).

11982–1982

Where else courts name it

CA 47 (1970–2026) WV 11 (1987–2020) FL 8 (1960–2024) MO 7 (1981–2024) AL 6 (1979–2010) MS 6 (1993–2015) AZ 6 (1998–2023) IL 6 (1990–2015) OH 5 (1994–2019) NY 5 (1911–2025) TX 4 (1987–2006) SC 4 (1985–2015) NE 3 (1978–2017) NC 3 (1968–1985) TN 2 (1988–2015) MA 2 (2006–2020) NM 2 (2022–2022) SD 2 (2018–2018) AR 2 (1986–1995)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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