Just as states have regulations on the marriage process, they also have legal requirements for divorce that define the procedures a person must go through in order to get divorced. And in the Yellowhammer State, getting out of a marriage can be more complicated than getting into one. This is an introduction to the legal requirements for divorce in Alabama.
Alabama Divorce Laws: The Basics
Alabama has a six-month residency requirement to file for divorce, and a 30-day waiting period before a divorce can be final. Along with an “irretrievable breakdown” of the marriage, the standard grounds for divorce in Alabama include adultery, cruelty, incurable insanity, and “the commission of the crime against nature, whether with mankind or beast, either before or after marriage.” Divorce statutes in Alabama are highlighted in the table below.
Code Section |
Code of Alabama 30-2-1, et sq.,: Divorce and Alimony |
Residency Requirements |
At least one party must be resident and must have resided 6 months prior to filing. |
Waiting Period |
30 days from date of the filing of the summons and complaint |
'No Fault' Grounds for Divorce |
Irretrievable breakdown; separation (2 yrs.). |
Defenses to a Divorce Filing |
Condonation, (not if parties connived to commit adultery). Collusion |
Other Grounds for Divorce |
Adultery; cruelty or violence; drug/alcohol addiction after marriage; insanity (in mental hosp. for 5 successive yrs.); pregnant at time of marriage without husband's knowledge; imprisonment for 2 yrs. if sentence is 7 yrs. or longer; crime against nature with mankind or beast before or after marriage; incompatible temperaments; voluntary abandonment from bed or board for 1 yr.; wife lived apart for 2 years without husband's support while she's residing in state; at time of marriage, incapacitated from entering married state. |
No Fault Divorce Laws
Alabama, along with many states, offers what is referred to as a “no fault” divorce, wherein you do not have to prove or even allege any specific wrongdoing in order to get divorced. Instead, you only have to show the court that “there has been an irretrievable breakdown of the marriage and that further attempts at reconciliation are impractical or futile and not in the best interests of the parties or family.” There are also legal alternatives to divorce, known as an annulment and legal separation, however each has separate requirements and may only apply to certain circumstances.
You should also know that if you and your soon-to-be ex have any children together, Alabama child custody laws may apply to your case, as well as state laws pertaining to child support guidelines and child support enforcement.
Getting Divorced in Alabama? An Attorney Can Help
Even in the best of circumstances, a divorce can be an emotionally and legally challenging. An attorney will understand the process and work tirelessly to achieve the best possible outcome. You can get started today by speaking with an experienced Alabama divorce attorney, who can give you the best advice and represent you in court.
