State Laws

Alabama Divorce


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 defendant cases.

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.

See also:
Alabama Gun Laws
Alabama Bankruptcy
Alabama DUI Laws
Alabama Expungement External link (opens in new window)
Alabama Felony External link (opens in new window)
Alabama Lemon Law External link (opens in new window)