Grounds for Divorce in Alabama
To file for divorce, you need to indicate one of the legal grounds for divorce in Alabama. A detailed list of them is given in the Alabama Code. The main reasons for divorce accepted within the state may be no-fault or based on fault.
From this article, you can learn what grounds for divorce in Alabama you can choose for the dissolution of marriage. We will also discuss what is the most common reason for divorce, what are the grounds for divorce in the state in general, and what are the specifics of different reasons for terminating your marital relationship.
Legal Grounds for Divorce in Alabama
According to Alabama Code §30-2-1, there are 12 legal grounds for divorce. They include both no-fault and fault-based reasons for dissolution of marriage.
The following legal grounds for divorce in Alabama do not require you to prove or assert that the actions of one party led to the breakdown of your marriage:
- Irreconcilable differences. Spouses declare that they have different temperaments or characters and do not get along, therefore being unable to continue cohabitation.
- Irretrievable breakdown of marriage. Parties argue that their marital relations have broken down, and there is no reasonable prospect of saving them.
In contrast to no-fault legal reasons for divorce, the list of grounds based on fault is much longer and contains 10 items. Fault-based legal grounds for divorce in Alabama include:
- Committing a crime against nature
- Adultery
- One of the parties’ incapacity to enter into the marital state at the time of marriage
- Leaving the wife without support for 2 years or more
- Confinement in a mental hospital for 5 years, provided the doctor declared the patient incurably insane
- Voluntary abandonment for at least 1 year
- Addiction to alcohol or drugs
- Conviction for 7 years for committing a crime and imprisonment for 2 years
- Physical violence of one spouse against the other or such behavior that indicates the possibility of its commission
- Pregnancy of the wife from a man who is not a husband at the time of marriage
To file for marriage dissolution under one of the fault-based grounds for divorce, spouses must provide evidence of the stated reason.
Mixed Divorce State
According to the current legislation, Alabama is a mixed divorce state, meaning it recognizes no-fault and fault-based grounds for divorce.
If you are a victim of domestic violence, your spouse is insane or accused of a serious crime, or any of their actions have led to the breakdown of your marriage, you may be able to provide a fault-based reason for your dissolution of marriage. In most cases, this will make your divorce contested, and you will need several court hearings to prove the guilt of your spouse or other circumstances that caused the need to terminate the marital relations. Some of these reasons may ultimately affect the way your property is divided or alimony is awarded.
The most common reason for divorce is irreconcilable differences or irretrievable marriage breakdown. To get a divorce on one of these grounds, you will not need to prove guilt or look for evidence of what led to your relationship breaking down. Divorces that are uncontested and filed on a no-fault basis are less complex and typically take less time to be finalized.
No-Fault Divorce in Alabama
If you have no reason to prove that the dissolution of your marriage was caused by the other spouse’s actions, incapacity, or insanity, you can file for no-fault divorce in Alabama.
Sufficient reasons for your no-fault divorce can be differences in views and temperaments, reluctance to continue living together, etc. You can call incompatibility or the impossibility of maintaining a marital relationship an official reason for the dissolution of your marriage.
Provided you and your spouse do not have any disputes regarding the divorce terms, Alabama no-fault divorce can also be uncontested. From this perspective, you will agree on all issues of property division, child custody, and maintenance on your own and file a set of papers with the court that will allow you to get a dissolution of marriage shortly after the waiting period expires.
That is, if you choose one of the no-fault common reasons for divorce and resolve disputed issues in advance, you will reduce the steps and time required to get a divorce. In this case, you will not need to attend numerous court hearings or involve attorneys or other specialists. Consequently, you can save time and money by proceeding with the divorce yourself.
If you intend to get a divorce and are stumped by the question, “Is Alabama a no-fault state for divorce?”, you should know that according to state law, you do not have to blame the other party for the breakdown of your marriage. Therefore, you get an opportunity to avoid the need to search and collect evidence, prove someone’s guilt in court, and participate in legal battles. In addition, it will help you maintain cordial relations with your ex-spouse, which is especially important if you have minor children and both of you must take part in their upbringing.
Religious Reasons for Divorce in Alabama
The list of grounds for divorce within the state is specified in the current legislation, but some of the reasons can be explained not only from the legal point of view but religious as well. You can hardly argue religious reasons for divorce in Alabama in court, but since they actually overlap with grounds based on fault, some of them can be taken into account. So, what are the grounds for divorce that can be considered sinful in the Scripture?
Biblical reason for divorce in Alabama can be found in the following grounds:
- Adultery. According to the vows, spouses must remain faithful to each other, so it does not matter whether the party cheated once or for a while. The Bible condemns adultery in any case.
- Voluntary abandonment. This reason also contradicts religious beliefs. By entering into marriage, spouses assume responsibility for each other; leaving the partner can be considered a sin.
- Physical abuse. Religion criticizes all forms of violence and cruelty, especially when it comes to marriage. If one of the spouses became a victim of inhuman treatment, this can be both a fault and a religious basis for divorce.
Answering the question, “What are biblical grounds for divorce?”, it is also worth mentioning the commission of a crime or pregnancy from another man. Religious reasons for divorce in Alabama are not official. Still, many fault-based reasons for divorce are prototypes of religious ones.
FAQ
The biggest reasons for divorce are irreconcilable differences or incompatibility between spouses.
According to the Alabama Code, sexual intercourse with someone other than the spouse is grounds for divorce within the state.
Officially, a marriage without sexual relations between spouses cannot be a reason for divorce in Alabama.
Verbal insults are not grounds for divorce in Alabama, but they can be considered as conduct that may lead to physical abuse, which may be a reason for divorce based on fault.
Voluntary abandonment for 12 months or more is a reason for divorce specified in current legislation.
Alabama does not recognize emotional abuse as a reason for divorce. However, it may be considered if one of the spouses suspects the possibility of violence.
Financial infidelity is not specified in the Alabama Code among the grounds for divorce. Still, if proven in court, it can affect the amount of alimony or the terms of joint property division.
A one-time infidelity or a long affair can serve as grounds for divorce in Alabama based on fault.
The fact that you no longer love each other will not be considered grounds for your divorce. Nevertheless, if it led to the irretrievable breakdown of your marital relations, you can use this reason for a no-fault divorce in Alabama.
If not related to drugs, smoking cannot be grounds for divorce in Alabama.
Constant drinking is one of the top reasons for divorce listed in Alabama law.