In Alabama, divorce is not granted automatically upon request. The law requires a petitioner to establish valid grounds for divorce, also known as Alabama divorce causes. These grounds define the legally acceptable reasons a court will dissolve a marriage.
Understanding these causes is essential whether you are considering filing for divorce, responding to a spouse’s filing, or preparing for the potential legal and financial consequences of separation.
Overview of Divorce Causes in Alabama
Alabama recognizes both no-fault and fault-based grounds for divorce, as outlined in Alabama Code § 30-2-1. The choice of grounds can influence the outcome of divorce proceedings, particularly regarding property division, spousal support, and child custody.
No-Fault Divorce Causes
Most divorces in Alabama are filed under no-fault grounds. These are:
- Incompatibility of temperamentWhen spouses can no longer live together due to deep-seated personal differences that make continued cohabitation impossible.
- Irretrievable breakdown of the marriageWhen the marriage has reached a point of irreparable failure, and any attempt at reconciliation is impractical or not in the family’s best interest.
These options allow couples to proceed with uncontested divorces, focusing on equitable settlements rather than proving misconduct.
Fault-Based Divorce Causes
Alabama also permits fault-based divorce, where one party alleges the other’s behavior caused the failure of the marriage. The fault-based causes of divorce in Alabama include:
- AdulteryVoluntary sexual relations outside the marriage.
- Voluntary abandonmentWhen one spouse has lived apart from the other for at least one year without consent, cause, or intention to return.
- ImprisonmentIf a spouse has been imprisoned for at least two years of a sentence that is seven years or longer.
- Habitual drunkenness or drug addictionIncluding addiction to opium, morphine, cocaine, or similar substances after the marriage began.
- Mental illness leading to institutionalizationIf a spouse has been confined to a mental hospital for five consecutive years, and a medical professional certifies the condition as incurably insane.
- Physical incapacity at the time of marriageIf a spouse was physically and incurably incapacitated from entering into the marriage state at the time of the union.
- Domestic violence or crueltyActs of physical abuse or conduct that creates a reasonable fear of violence.
- Commission of a crime against natureA term still present in Alabama law, though rarely invoked in modern cases.
- Pregnancy of the wife at the time of marriageIf the wife was pregnant by another man at the time of marriage, and the husband did not know or consent.
- Neglect of marital supportIf the wife has lived separate from her husband for at least two years without financial support and remained a resident of Alabama during that time.
Mental Health as a Divorce Cause
Mental health issues are sometimes relevant in divorce proceedings. Specifically, a divorce may be granted if a spouse has been committed to a mental hospital for five years and is deemed incurably insane by the facility’s director. This requirement is strict and typically applies in rare, extreme cases.
Practical Causes of Divorce in Alabama
Beyond the formal legal grounds, real-life divorces in Alabama often result from complex personal situations, such as:
- Financial disputes or debt
- Parenting conflicts and disagreements
- Communication breakdowns
- Mental health struggles
- Changes in personal values or lifestyle over time
These issues often lead to the filing of divorce under the irretrievable breakdown of marriage provision.
The Role of Divorce Causes in Legal Proceedings
While the grounds for divorce provide the legal basis to end a marriage, they can also affect related matters:
- Alimony (Spousal Support):Acts of adultery, violence, or abandonment may influence the court’s decision to award spousal support.
- Property Division:Alabama follows equitable distribution, but fault may be a factor in deciding how marital property is divided.
- Child Custody:In cases involving domestic violence, custody arrangements may be affected for the safety and welfare of the children.
Filing for Divorce in Alabama
The process to file for divorce in Alabama involves the following steps:
- Residency Requirement:At least one spouse must have lived in Alabama for a minimum of six months prior to filing.
- Filing the Complaint:The divorce complaint is filed in the appropriate county circuit court, based on residency or the location of separation.
- Grounds for Divorce:The petitioner must state the legal cause for divorce—either no-fault or fault-based.
- Serving the Other Party:Proper legal service of documents is required to initiate divorce proceedings.
For more details about how to begin a divorce, visit the official Alabama Courts Divorce Resources.