Divorce proceedings can often be very trying and difficult for couples. In the state of Alabama, spouses must meet certain requirements before the may begin the proceedings. One of the first requirements is for them to cite grounds for their divorce. While many believe divorces are a result of one spouse’s “fault” for the end of the marriage, this is not always true. In the state of Alabama, spouses can either cite fault or no-fault grounds for their divorce.
When proceedings begin, spouses can cite fault grounds as the reason for their marriage ending. When a spouse cites fault grounds in a divorce, it means the other spouse is the reason for the end of their marriage. In the state of Alabama, there are many grounds in which an individual may cite fault grounds for. This can include:
- Imprisonment of 5 or more years
- Gross habits of intoxication
- Cruel and abusive treatment
Many spouses are unsure if they want to cite fault grounds in a divorce. This is because of the possibility of litigation in addition to creating further problems between them and their spouse. When fault grounds is cited by one spouse, the other spouse is able to answer the accusation, possibly leading to more legal issues. Many believe that when they cite fault grounds, it can affect the outcome of the divorce. However, fault grounds typically do not impact the outcome of a spouse’s marital issues during divorce proceedings.
When no-fault grounds is cited in a divorce, neither spouse is holding the other responsible for the end of their marriage. When this happens, the proceedings may begin and spouses can begin to settle their marital issues. No-fault grounds in a divorce can be broken into two different categories. This is known as an “Irretrievable Breakdown of Marriage.” The two types of irretrievable breakdowns are:
- 1A Divorce: An uncontested divorce. This occurs when both parties agree that their marriage has broken down and cannot be repaired. 1A Divorce is settled through a written agreement that resolves all marital issues. This includes child custody, child support, parenting time, alimony, and the division of assets.
- 1B Divorce: A contested divorce. This occurs when the marriage is irretrievably broken down but the two spouses cannot agree on the terms of their marital issues. When this happens, the spouses may need to divorce through litigation. If they can come to agree on the terms, they may change their complaint from “1B” to “1A.”
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If you or someone you know is going through a divorce and wishes to speak with an experienced attorney, contact the Law Offices of Stone Crosby, P.C. today.
Stone Crosby, P.C. has proudly served clients in Alabama for over 100 years. Our firm has experience handling matters including divorce and family law, estate planning and administration, business law, employment law, class actions, consumer protection, business law, real estate law, among many others. If you require quality legal representation, contact our firmtoday to schedule a consultation.