Law

A list of grounds for divorce in Alabama

The plaintiff’s complaint must specify the Alabama grounds for the divorce sought in Alabama. Divorce grounds may be ones the parties have agreed to, can authenticate, or for which the court can grant the divorce.

To ensure a successful divorce, you must always provide the court with sufficient evidence that your marital situation warrants the divorce.

You won’t have to trudge these difficult times alone with an uncontested divorce lawyer Alabama.

How does Divorce work in Alabama?

Fault-based and no-fault divorce grounds are the two main types in Alabama. The “no-fault” divorce grounds are the most popular in Alabama. The plaintiff in a divorce lawsuit must provide the court with sufficient proof of the claimed grounds. A “no-fault” divorce is substantially simpler to get because the “no-fault” grounds are simple to prove.

However, in order for an Alabama court to make decisions about child custody, co-parenting, support, and property distribution, the plaintiff might still be required to present proof of wrongdoing. According to Alabama Code 30-2-1, the Circuit Courts of Alabama have the authority to grant a divorce for the following grounds:

  • The defendant’s spouse used domestic violence against the other.

  • At the time of their marriage, the wife kept the husband unaware of her other man’s pregnancy.

  • Impotence has plagued the marriage from the very beginning.
  • Either spouse cheats or commits adultery.

  • The defendant voluntarily abandoned the plaintiff for at least a year without permission or a valid reason.

  • There is a minimum two-year jail sentence and a maximum penalty of seven years in prison.

  • It is common for people to commit sexual immorality prior to or after marriage or to commit crimes against animals or the natural world.
  • Having an ongoing problem with alcoholism or drug abuse.
  • The defendant spent at least five years in an institution because of his incurable lunacy.

Due to how simple it is to establish “no-fault” grounds, they are the most frequently employed. It is not necessary to state “fault” reasons in a divorce complaint in Alabama, but evidence may be presented during the trial to protect the parties’ privacy. 

Even though the complaint alleges “fault,” seasoned divorce lawyers believe it is wise to cover all possible bases and include “no-fault” reasons as well. The divorce can then still be granted on a “no-fault” basis if the fault allegation is later found to be untrue.

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