Grounds for Divorce in Alabama
If you are contemplating a divorce in Alabama, you may be overwhelmed and struggling to determine where to start. However, you’re not alone. In fact, Alabama has more divorces than many other states. More and more individuals are realizing that they are not destined to remain in unhappy situations and that they have the freedom to make the changes necessary to lead full and fulfilling lives.
Grounds for Divorce in Alabama
There are a number of different avenues to divorce in Alabama. The available grounds for divorce are listed below. However, it’s important to consult with an experienced Alabama Divorce attorney in order to ensure that you move forward on the grounds most favorable to you and your specific situation.
- Physical and incurable incapacity at the time of the marriage
- Abandonment by one spouse of a year or longer.
One spouse being sentenced to prison for at least two years with a minimum of a seven year total sentence.
- “Deviant sexual behavior.”
- Continuous or habitual drug and alcohol use.
- “Incurable insanity,” as evidenced by being confined to a mental hospital for at least five years.
- A woman being secretly pregnant at the time of marriage.
- Domestic violence.
- Separation of at least two years. If you and your spouse have been legally separated or living separately without support for two years, you can file for divorce on these grounds.
- Irretrievable breakdown of the marriage. In Alabama, you can file for a no-fault divorce on the grounds of irreconcilable differences or an irretrievable breakdown of the marriage.
Determining the Appropriate Grounds
Note that although it may be tempting to select one of the first grounds listed to ensure that your spouse pays for what they did to you, it is usually advisable to file for a no-fault divorce. If you select any grounds that rely on the actions or behavior of your spouse, you will have to prove them to the satisfaction of the court. This can result in a great deal of time and expenses litigating issues that are postponing the granting of a divorce.
With a no-fault divorce you and your spouse are essentially telling the court that you can’t get along, and this is accepted by the court at face value. There is no need to present proof that you don’t get along with each other because you are both saying it’s true in the filing. In other words, a “no-fault” divorce essentially means a divorce in which the court will not have to spend any time determining who is at fault and whether the fault is valid and reaches the threshold necessary for divorce under the Alabama statutes. This allows time spent in court to focus on the actual dissolution of the marriage rather than the reasons for its demise. However, there are cases where filing a no-fault divorce is not the best option. Speaking to an experienced Alabama divorce attorney will allow you to determine the best way to move forward with a divorce based on your unique facts and circumstances.
Schedule a Consultation
If you are ready for a divorce, we are ready to help you. Contact a Birmingham divorce lawyer at Peeples Law today to schedule a consultation.