Alabama Law

Purchasing property in the state of Alabama is not a very difficult process. However maintaining that property according to the ruling guidelines of the state government and dealing with the other aspects of buying and selling of real estate that people other than you might be a bit cumbersome. Not just Alabama but almost all over the United States of America, property laws are made keeping all possible disputes that might occur while dealing in real estate. Because property is one such asset which attracts disputes when you own it and even more when you sell it.

Real estate or property laws in Alabama have some very basic but well defined guidelines which cater to the needs of the common people as well as the ones who deal in real estate.

Here are a few real estate laws that are present in the legal code of conduct in the state of Alabama:

Homestead laws – these laws have been made to provide protection to small individual property owners, such as common house owners, from the economic ups and downs. When there is a sudden change in the economy of the country, the owners of smaller properties cannot meet the demands of the people whom they owe money to. Therefore homestead is a provision which allows small property owners to keep a part of his personal property and make off limits to the creditors. This property is known as ‘homestead’.

A very important piece of document for all land owners and buyers is the lease or rental agreement as it may be called. It deals with the following issues:

Number of people who can reside in the property.

The amount of the rent and other sums of money that has to be paid.

The time period of tenancy.

The name and identity of the person who will pay for the utilities.

If pets are allowed or not.

If subletting the property is objectionable

Defining the access that the landlord has to the property.

An important thing that should be kept in mind is that all lease agreements should always be made in writing. Oral agreements do seem hassle free but the brew up disputes very soon.

There is a limit that the Alabama state government has kept on the amount of security deposit that the various landlords can charge. This limit has been kept to make sure that the tenants are not exploited due to economic crisis. In Alabama, one month’s rent is kept as the security deposit. And within 35 days after the tenancy has terminated, the landlords will have to return the security deposit. This law is called the ‘Alabama Uniform Landlord Tenant Act and it states that a landlord cannot ask for more than one months of security. The Alabama security deposit limit excludes pet deposits, deposits to cover alterations, and deposits to make up for activities that increase risk of liability.

Marriage laws in Alabama are though not very complex but yet very strict and firm. Any two individuals wishing to get married in the state of Alabama need to abide by the state’s marriage laws. Apart from the traditional and religious ceremonies that precede a marriage, the government of Alabama requires its citizens to follow a certain number of steps and file a few documents before making the marriage legal and acceptable in society.

Marital bliss can certainly be enjoyed without having to go through tiresome paperwork and formalities, but it is always safer to get your marriage legalised and registered with the state government so as to avoid any unwanted consequences. With a registered marriage there is a greater sense of social security, and it also allows room for the judicial system to interfere in and handle the marriage, if it does not turn out to be a successful one. Therefore it is advisable to get through and done with all the legal activities a month before the final wedding vows to make sure that nothing comes in between the ceremony. In order to have a hassle free marriage proceeding, a marriage license is required which is a document that the state provides you after you apply for it. More over certain documents like an identity proof-a driving license etc., your birth certificate, residence proof are obligatory to be sent in. Mandatory information like mention of previous marriages, if any, has to be provided as well. But obtaining your marriage license does not mean that you are married. The document then has to be signed by a religious clergyman or priest and also needs the signature of two witnesses.

These are the constituents of Alabama marriage law.

Handing over identity proof, residence proof and social security number.

Mention of previous marriages. If divorced recently then a copy of the divorce documents need to be presented.

There is a waiting period of 60 days after a divorce to getting married again.

Non residents of Alabama might have to wait for a longer time to get married than residents of Alabama.

A marriage fee as well as a license fee is charged which varies from district to district but is always minimal.

No medical report or blood tests are require as such by the state but if any one of the two families want it then the law can help to get then execute them.

Cousin marriages are banned whereas, so are same sex marriages.

Under 18 marriages can take place but with the presence of the parents and providence of the birth certificates.

The marriage license has an expiry period of 30 days. This means that when the marriage license is delivered, the marriage ceremony should be executed within a time frame of 30 days or the license will be null and void and the legal and paper work will have to be carried off all over again.

The state of Alabama has a wide number of family and domestic laws. These days family laws are considered a necessity as crime has no longer stayed an act of the streets. There are various issues which people have to face within their families and relatives and these small issues if not handled aptly turn out to become major social evils. Therefore family laws exist and treat domestic and family problems as a hindrance towards the growth of society.

Following are the family laws that are a part of the Alabama state legislature:

Abortion – abortion is legal when it takes place in order to preserve health and save the life of the mother or in cases where the foetus is not acceptable. An illegal abortion is followed by a penalty of $100 to $1000 and imprisonment up to 12 months.

Adoption – an adoption can take place if the child that is being adopted is a minor, or is an adult but permanently disabled or deemed to be retarded. A child below the age of 14 can be adopted without taking his/her content but otherwise the consent of the child is required.

Annulment and Prohibited Marriage – bigamous, incestuous, under aged and same sex marriages are prohibited in Alabama.

Child Abuse – harm or threat caused to the child’s health and welfare by physical or mental torture. Failure to report such a crime could lead up to a fine of $500 or 6 months in jail.

Divorce: Legal Requirements – one of the two parties must be a resident of the state of Alabama or should have resided 6 months prior to residing. Then there is a waiting period of up to 30 days from the date of filing the complaint.

Domestic Violence – it refers to physical harm or injury caused by one member of the family to another member of the same household, commonly between spouses.

Marriage: Age Requirements – the minimum legal age for marriage with parents consent is 16 for both the sexes. The minimum age for marriage without parental consent is 18. Marriage under the age of 16 is definitely illegal but it cannot be called void. Also marriage from the age of 16 to 18 without the permission of the parents is no reason for punishment.

Marriage: Licenses and Blood Tests – the state of Alabama does not require any blood tests for two people to get married. Neither is there any waiting period for obtaining the marriage license after applying for it, though he license expires after 30 days of being issued.

Minors and the Law – a minor over the age of 15 can easily file for various kinds of insurances. He/she may also sue through a friend or personal representative and over the age of 14 can give consent for medical treatment.

Stalking – a person who intentionally and repeatedly harasses or follows another person, or gives regular threats with the intention of causing fear. Such a person is known as a stalker and an act of stalking is punishable by court.

Education in Alabama is well supported by legal considerations. All schools, colleges and universities in the state of Alabama are guided by a set of rules which they have to follow so that it is made sure that everyone receives an equal and standardised education. And not just the schools and colleges, the students and their parents as well have to obey some rules and accept some guidelines, thus allowing the education system of the state to function smoothly without any hindrances. The general assembly has taken a lot of preventive measures to make sure that education flourishes in the state and every child reaps its benefit without having to struggle. It is made sure all the funds that are gathered from various sources and are meant to be utilised for the upgradation of the education system, are used for the same purpose itself and not get diverted. The state has established and organised various public schools all across the state for the children between the age group seven and twenty one. But the children of African descent have been provided with separate schools.

The state government has developed a post of the Superintendent of Education, whose job as the name suggest is to supervise the overall progress of the public schools and try and solve any dispute or repair any weak link in the system with fairly balanced funds and maximum results. A major task of the superintendant of education is to manage funds. The state government has funds running in and out of all departments and it is very critical to manage them and make sure that the purpose, for which they are produced, is carefully looked after. Therefore the law says that not more than four percent of all the funds and donations gathered should be spent on the salary of teachers and other staff, teaching as well as non teaching. In addition to this it also states that the funds raised for the upliftment of the public schools, should in no condition what so ever be utilised for other private or sectarian schools.

While the school education is managed by the superintendant of education, the state university and colleges are kept under the control of a board of trustees, and they are the ones who deal with the functioning of the college and universities.

All schools in Alabama require attendance from the age of 7 to 16 and exceptions to attendance can only be made to:

Church school students

Private students tutored by an instructor

Physically or mentally challenged students

Children having to walk over 2 miles to attend school

Children regularly and legally employed

And children over the age of 16 and having had completed their studies.

The education laws in Alabama are certainly not stern and rigid but are very flexible and have been regulated with a lot of thinking and practicality. It makes it easier for the students to have a hassle free education as well as the state to watch its future flourish.

Criminal laws in the state of Alabama in the United States of America are very well laid out. The state has an efficient judicial system. The legal code of conduct of Alabama, which deals with various kinds of unlawful activities, gives a rigid picture of the social and civil security of the state. The laws have been defined in a manner in which all the criminal activities are defined so that the citizens have a clear cut idea as to what to refrain from. Moreover the legal proceedings that follow a crime are also stated in the laws, but however they may vary in different cases.

Following are the major crimes and their descriptions by the Alabama legal code of conduct:

Burglary – it is an illegal activity which is said to be committed when a person enters any building or structure, with the intention of harming the people inside or committing any crime. Even if the person simply walks through an open door unlike a forced entry, to steal others’ property, it is termed as burglary.

Child abuse – any harm or abuse to a child’s health or well being, through sexual abuse or physical or mental injury, is termed a child abuse. Child abuse is confirmed after obtaining a few important reports from medical practitioners, legal officers, and social workers or anyone else who is a witness or somehow related to the case. Such cases are dealt by the department of human resources and failure to report any such case could land you 6 months in prison or a fine of $500.

Homicide – it is the act of killing a person. Any acts of homicide during a robbery, sexual abuse, kidnap, hijacking, arson are strictly punishable by law. The penalty for such crimes is capital punishment and the method of execution is Electrocution.

Domestic violence – it is defined as inflicting physical injury or harm on one or more members of a family, more commonly between spouses. It is basically physical and psychological harm/abuse which is repetitive. The punishment for domestic violence depends on different factors, such as intensity of the victim’s wounds, presence of a minor and relation between the victim and the criminal.

Extortion – it refers to attaining property or money from other people by any means or force. Be it threat, violence, damaging property, staining someone’s reputation and so on. The acts are more or less the same but the difference between extortion and robbery is that extortion poses no immediate danger to the victim’s life. A basic example of extortion-A goes to B and asks for weekly payment in order to prevent B’s business from being vandalised or robbed. So the fear of his business being harmed makes B pay in with the extortion money.

Forgery – it means the manufacturing of fake currency notes or documents, faking someone else signature without authorisation, replacing some important documents with fake one, etc.

Every society has certain set of rules and regulations to be followed which are called laws. This article talks of Alabama laws or laws existent in Alabama. Alabama is one of the fiftieth state of the United States of America. The US judicial system has clear delegation of power since it’s a federal state, the states have the freedom to make their own laws & own constitution.

Alabama has its very own local laws & its own constitution which is called the constitution of Alabama. As per the Alabama laws the organs of government are divided into legislature or the Alabama legislature, the executive or the governor of Alabama & the judiciary or the supreme court of Alabama. The constitution of Alabama Is one of the longest constitution in USA.

As per the code of Alabama (Alabama laws) the state has 67 counties each having its own legislative and executive body to govern it. Though Alabama is a American state i.e. a capitalist, the laws of Alabama are in favour of public welfare which proves it is slightly socialist. Alabama laws give special provisions to people who are physically or mentally challenged. There are also special laws made in favour of environmental control, health, education and public welfare.

Similar to the American laws, Alabama laws provide cheap education and health facility to all. The state also provides scholarship to the needy students. The state also provides treatment to the physically disabled and hemophilia patients. The Alabama laws also provide employment to the special people like physically and mentally disabled people. The state laws also have also fixed minimum wages and facilities for all the people.

Alabama laws have given special facilities to children and teenagers like cheap education, scholarships for graduation, special juvenile proceedings and driver’s license at an age of 15.alabama has special teen driving laws. This shows that in Alabama teen are treated as individuals like adults and not like the children. Alabama government has a monopoly over the sale of alcohol; otherwise the Alabama laws give freedom to the residents to practice any profession or business they desire.

Alabama laws further have various codified rules and statutes in favour of families like giving special protection to children and widows. The state also has special homes for physically disabled, old and children. The citizens are also given various tax benefits as per the state laws. There are various boards made by the enacting laws for the special protection other people, like the state veteran board. The state environment laws are covered under the code of Alabama, under title 22.these laws works in consistency with the environmental protection agency (EPA) like water pollution control, Alabama air pollution control Act.

Therefore, we know that the state of Alabama is more of public welfare state in United States of America. The Alabama laws itself prove how they give special importance to the public and its well-being by protecting the individuals and the environment around them and hence giving the people rights and duties for the same