Alabama Divorce Those looking to file for divorce in the state of Alabama must
first make sure that they have all the necessary court information
first. Some divorce cases are not handled under the Circuit Court, so
checking which court will have jurisdiction is key. Individuals must
also meet the residency requirements of Alabama, which are only
necessary if one or both of the individuals involved have recently
moved or are soon to move.
Filing Requirements in Alabama Alabama has specific requirements for how to file for divorce.
Where the individuals live and for how long can determine how a divorce
proceeding will follow. The state requires that at least one of the
individuals involved be an Alabama resident for a minimum of six
months. The other individual may be a resident of another state at the
time of filing.
In most circumstances divorce cases are filed through the defendant's
county system, according to Alabama Code Title Thirty, Chapters 2-4 and
2-5. Divorce complaints can be filed in three different circuit courts,
all of which depend on residency. The county circuit court where the
defendant has residency is the first option, and the county circuit
court where the individuals decided to separate is another option. The
third option in Alabama is for non-residents and may be filed to the
county circuit court where the other individual resides.
All divorce cases are handled through the state law, and because of
this residency in the state of Alabama is important so that the case
can be handled in the proper court.
Grounds for Alabama Divorce The divorce complaint is the initiator in divorce cases. One
spouse will file for marriage termination from another spouse under
specific documentation and on specific grounds. However these grounds
must be valid for the state of Alabama or else the circuit court will
not terminate an outstanding marriage. The grounds for divorce must be
supported by testimony and evidence to stand in a court of law or the
case will be dismissed.
Alabama has ten different kinds of grounds for terminating marriage.
The first set of grounds is called no-fault grounds and includes
irretrievable breaking of a marriage, incompatibility, and voluntary
removal from board and bed for more than one year. The second set of
grounds is called fault grounds and includes adultery, incapacitation
through entering into a marriage, habitual drug usage or drunken
behavior, imprisonment, abuse in a domestic nature, five years of
coincided insanity, and entering into marriage without the knowledge
that the wife was at the time carrying a child--only for husband
Filing for Divorce Alabama has guidelines for filing for divorce, all of which will
need to be strictly followed. Some documents will be present in all
divorce cases while others will only exist in some cases and not in
others. Dividing financial statements and deciding support payments can
be the most difficult portion of a divorce case. If an agreement cannot
be reached between the two individuals prior to the divorce, the couple
will then be subject to a judge's decision.