Grounds for divorce in the state of Alabama may be tricky, but with a quality Huntsville divorce lawyer, you won’t need to tread these difficult times alone.
In Alabama, a plaintiff’s Complaint for Divorce must state the applicable Alabama grounds upon which a divorce is being pursued. That ground can be one upon which the parties have agreed or can authenticate or one which the party who files for divorce can verify to the court. Therefore, when choosing the grounds for your divorce, you should always remember that you must present adequate proof to the Court that your marital state warrants a divorce by the grounds on which you are requesting the divorce to be granted.
The grounds for divorce in Alabama fall into two basic categories—fault and no-fault. The most common grounds used for divorce in Alabama fall into the “no fault” category. The plaintiff in the divorce case must present enough evidence to the court to prove the grounds that are alleged. Because the “no fault” grounds are easy to confirm, a “no-fault” divorce is much easier to attain.
However, the plaintiff may still be required to provide evidence of fault to assist an Alabama Court to decide on issues of custody, support and property division.
The Circuit Courts of Alabama have the power to divorce persons from the bonds of matrimony on the following grounds under Alabama Code § 30-2-1: incapacity, adultery, voluntary abandonment, imprisonment, crime against nature, addiction, incompatibility, insanity, irretrievable breakdown, separation for two years, domestic violence, and the wife’s pregnancy before the marriage without husband’s knowledge or agency. Incompatibility and irretrievable breakdown are considered “no-fault” grounds and are used most often.
If you need help with a family law matter or have a question about the grounds for divorce in Alabama, reach out to the Charlotte Christian Law team at [email protected] Our team is centered around goals that help you get through this difficult time. Contact us today by calling (256) 859-7277.