She demonstrated to the court that her husband pulled her hair, choked her, and struck her in the face. The process is generally the same as any other fault divorce, except that you'll need to prove that you were fearful for your life or health as a result of the violence.įor example, in one Alabama case, a wife filed for divorce based on her husband's history of cruelty and violence. You can also file for divorced based on your spouse's history of violence or cruelty toward you throughout the marriage. a wife was pregnant at the time of the marriage and didn't tell her spouse.a crime against nature, human or beast, before or after the marriage,.imprisonment for at least 2 years, with a sentence of at least 7 years in prison.a mental illness caused a spouse to be institutionalized for at least 5 consecutive years, and the spouse is incurably insane at the time of the divorce filing.abandonment of the marriage for a period of at least 12 months.a physically and incurably incapacitated spouse at the time of the marriage.The acceptable grounds for a fault-based divorce in Alabama include: While this may allow you the opportunity to shout to the world that the divorce isn't your fault, it will also likely cost you more in legal fees and take much more time before the court finalizes the divorce. It's important to understand that you will have to prove your allegations against your spouse if you pursue a fault divorce. Still, in other situations, a spouse's misconduct may be so extreme or severe that it's very relevant to the divorce proceedings and should be alleged and proven.
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In many cases, spouses don't want to air their dirty laundry in a public forum, like a courtroom. If you want a court to grant your divorce based on your spouse's bad actions, Alabama law allows you to file for a fault-based divorce. 514.)īoth no-fault grounds tell a court that at least one spouse wants to end the marriage, which is generally enough for a judge to grant your divorce. Both no-fault grounds tell a court that at least one spouse wants to end the marriage, which is generally enough for a judge to grant your divorce.Ī no-fault divorce is typically less expensive, and it takes less time than a fault-based proceeding because the court doesn't require spouses to demonstrate why their marriage didn't work-just that it's not possible to stay married. Irretrievable breakdown means that the marriage is broken beyond repair, and incompatibility means that the spouses simply do not get along anymore.
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irretrievable breakdown of the marriage, or.Each state's grounds vary, but all states have adopted some form of no-fault divorce, which means that neither spouse must prove that the other is responsible for the marriage's breakdown.Īlabama allows spouses to allege one of two reasons as a reason for the divorce: Marriage is a legal contract, which means that the court must have a legally acceptable reason (grounds) before a judge can grant a divorce. Both "types" of divorce terminate the marriage, and the judge will decide all divorce-related issues, like property division, child custody, child support, and spousal support. On the other hand, a fault divorce usually requires the spouses to hire attorneys, introduce evidence, and spend more time in court. A no-fault divorce is available in all 50 states because it is the most streamlined way to end a marriage.
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In Alabama, couples have the option to file for divorce using the state's no-fault or fault-based procedure. Sometimes, even couples with the best of intentions can't save their marriage.