What are grounds for divorce in Alabama?

What are grounds for divorce in Alabama?

Divorce is never pleasant. It is a stressful time in which parties hope to quickly move on to a better situation. In order to get a divorce in Alabama, a person must provide some evidence to support the need. When filing a divorce complaint, the plaintiff must cite something called ground for the divorce. Throughout history, most states made people cite a specific reason for a divorce. With a change of social norms, divorce laws have changed as well and people have options as to how to proceed. Alabama now allows a person to cite fault or no-fault grounds to proceed with a divorce.

Fault grounds

For one, Alabama allows a person to cite fault grounds, including adultery, cruelty/violence, unknown pregnancy from another, incarceration, crimes against nature, substance abuse, and institutionalization. These are called fault grounds. These “reasons” for the divorce can be answered. Simply put, a person would be able to fight against these reasons, either by providing evidence of forgiveness or that the reason never existed in the first place.

No fault grounds

While fault grounds are used quite regularly, most people often turn to no-fault grounds to get a divorce, circumventing the need to answer or defend one’s case for divorce. No-fault grounds cannot be answered and needs no defense. It allows people who want to get a divorce to get one without anyone stopping them. These no-fault grounds include irretrievable breakdown of the marriage for over 2 years, voluntary abandonment for 1 year, and incompatibility of temperament.

If you are getting a divorce, it is important to discuss your situation with an attorney.

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 firm today to schedule a consultation.

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