Question 1

What are the legal grounds for divorce in Alabama?

Accepted Answer

Alabama recognizes both no-fault and fault-based grounds. The most common no-fault grounds are incompatibility of temperament and an irretrievable breakdown of the marriage, which simply mean the spouses can no longer live together and there is no reasonable hope of reconciliation. Fault-based grounds listed in the Alabama Code include adultery, abandonment, imprisonment, habitual drunkenness or drug addiction, and physical cruelty, among others.

Question 2

Does Alabama allow no-fault divorce?

Accepted Answer

Yes. You can obtain a divorce in Alabama without proving your spouse did anything wrong by citing incompatibility of temperament or an irretrievable breakdown of the marriage. Most divorces in Alabama proceed on these no-fault grounds because they avoid the need to prove misconduct in court. If you are unsure which ground fits your situation, an attorney can help you decide.

Question 3

What fault grounds can I use for a divorce in Alabama?

Accepted Answer

Alabama's fault grounds include adultery, voluntary abandonment for at least one year, imprisonment for two years under a sentence of seven years or longer, a crime against nature, habitual drunkenness or drug addiction arising after the marriage, and physical violence or reasonable apprehension of it. Other grounds include confinement for insanity, the wife being pregnant by another man at the time of marriage without the husband's knowledge, and living separate and apart for at least two years without support. Proving fault requires evidence, so these grounds involve more preparation than a no-fault filing.

Question 4

Do I have to prove my spouse cheated to get divorced?

Accepted Answer

No. While adultery is a recognized fault ground, you are not required to prove it or any other misconduct to end your marriage. You can simply file on no-fault grounds such as incompatibility or irretrievable breakdown. That said, evidence of adultery may still be relevant to issues like alimony or property division, so it is worth discussing the details with an attorney.

Question 5

Does the ground I choose affect alimony or property division?

Accepted Answer

It can. Alabama judges may consider marital fault, such as adultery or abuse, when deciding whether to award alimony and how to divide marital property. A spouse's misconduct that caused the breakdown of the marriage can weigh against them in these decisions. Because the effect varies from case to case, it is a good idea to talk through your specific facts with counsel.

Question 6

How long do I have to live in Alabama before filing for divorce?

Accepted Answer

If your spouse lives outside Alabama, you must have been a resident of the state for at least six months before filing, and this must be alleged and proven. If both spouses live in Alabama, you can generally file in the county where the defendant resides or where the couple lived when they separated. Our Dothan office regularly handles filings in Houston County and throughout the Wiregrass region, and we are glad to confirm whether you meet the residency rules.

Question 7

Is there a waiting period for divorce in Alabama?

Accepted Answer

Yes. Alabama law imposes a mandatory waiting period of at least 30 days after the divorce complaint is filed before a judge can enter a final decree. Uncontested divorces often conclude shortly after that period ends, while contested cases involving disputes over property, support, or children can take considerably longer. The exact timeline depends on the court's schedule and the complexity of your case.

Question 8

What is the difference between a contested and uncontested divorce?

Accepted Answer

An uncontested divorce is one in which both spouses agree on all major issues, including property division, debts, support, and any matters involving children. A contested divorce means the spouses disagree on one or more of these issues and need the court to resolve them. Uncontested divorces are typically faster and less expensive, but even a case that starts out contested can often be settled before trial.

Question 9

Can I get a divorce in Alabama if my spouse does not want one?

Accepted Answer

Yes. Alabama does not require both spouses to agree to end the marriage. Because you can file on no-fault grounds like incompatibility of temperament, one spouse's desire to divorce is enough to move the case forward even if the other objects. Your spouse can still contest issues such as property, support, and custody, but they cannot force you to stay married.

Question 10

What does "living separate and apart" mean as a ground for divorce?

Accepted Answer

This ground applies when spouses have lived separately without cohabitation for at least two years and the filing spouse has not provided support to the other during that time. It is one of several statutory grounds, but many people find no-fault grounds simpler and faster because they do not require a two-year separation. An attorney can help you determine which ground fits your circumstances.

Question 11

How much does it cost to file for divorce in Alabama?

Accepted Answer

Court filing fees in Alabama typically run a few hundred dollars and vary by county, and additional costs may arise for service of process or other steps. Attorney's fees depend heavily on whether the case is uncontested or contested and how complex the issues are. We are happy to discuss fees and what your particular situation may involve during a consultation; you can reach our Dothan office at 334-366-6086.

Question 12

What should I do to prepare before filing for divorce?

Accepted Answer

It helps to gather important documents such as financial records, tax returns, property deeds, and information about debts and income, and to think through your goals regarding children and property. Avoid taking drastic steps like hiding assets or moving children out of state, which can hurt your position. Speaking with an attorney early can help you understand your rights and avoid common mistakes.

Grounds for Divorce

Divorce Grounds in Alabama

Fault Divorces in Alabama

No-Fault Divorces in Alabama

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