In Alabama, if a spouse wants a divorce, there must be a basis — known as a ground — for the divorce. These grounds can either be no-fault or fault based. The following is an overview of the basic grounds for divorce in Alabama.
No-fault divorce
If there has been an “irretrievable breakdown” of the marriage, this can serve as the basis for a divorce in Alabama. Also known as a no-fault divorce, an irretrievable breakdown of a marriage exists when any further attempts to reconcile are impractical or futile and are not in the parties’ best interests.
Fault-based divorce
There are also fault-based grounds for divorce under Alabama law. One is if one or both spouses were physically and incurably incapacitated from getting married. Adultery is another fault-based ground for divorce. Voluntary abandonment from bed and board for 12 months preceding the filing of the petition to divorce is also a ground for divorce. Imprisonment for two years if the prison sentence is at least seven years long can also serve as a ground for divorce. A ground for divorce also exists if a spouse commits a crime against nature whether this is before or after the marriage.
If addiction to alcohol or drugs becomes habitual after marriage, this can also serve as a ground for divorce. An incompatibility of temperament making it impossible for the spouses to reside together is another fault-based ground for divorce. If a spouse has been confined to a mental hospital for five years in a row and is hopelessly and incurably insane, this can serve as a ground for divorce. If the wife was pregnant at the time the couple was married, and the husband did not know this, this can serve as a ground for divorce. Finally, a divorce can also be based on the ground of domestic violence.
Learn more about divorce in Alabama
There is specific information that must be included in a petition to divorce. The ground for the divorce is only a starting point. This post is for educational purposes only and does not contain legal advice. Those who want to learn more about divorce in Alabama may be interested in exploring our firm’s website for further information.