Alabama Divorce
Alabama Law
No-Fault Based Grounds:
(1) Incompatibility of temperament that the parties can no longer live together.
(2) 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.
(3) voluntary abandonment from bed and board for one year next preceding the filing of the complaint.
Fault Based Grounds:
Grounds for Divorce in Alabama
This is the text of Ala. Code § 30-2-1, which sets out the grounds for divorce in Alabama.
§ 30-2-1. Grounds; generally
(a) The circuit court has power to divorce persons from the bonds of matrimony, upon a complaint filed by one of the parties, entitled "In re the marriage of ........................ and ........................," for the causes following:
(1) In favor of either party, when the other was, at the time of the marriage physically and incurably incapacitated from entering into the marriage state.
(2) For adultery.
(3) For voluntary abandonment from bed and board for one year next preceding the filing of the complaint.
(4) Imprisonment in the penitentiary of this or any other state for two years, the sentence being for seven years or longer.
(5) The commission of the crime against nature, whether with mankind or beast, either before or after marriage.
(6) For becoming addicted after marriage to habitual drunkenness or to habitual use of opium, morphine, cocaine or other like drug.
(7) Upon application of either the husband or wife, when the court is satisfied from all the testimony in the case that there exists such a complete incompatibility of temperament that the parties can no longer live together.
(8) In favor of either party, when the other, after marriage, shall have been confined in a mental hospital for a period of five successive years, if such party from whom a divorce is sought is hopelessly and incurably insane at the time of the filing of the complaint; provided, however, that the superintendent of the mental hospital in which such person is confined shall make a certified statement, under oath, that it is his opinion and belief, after a complete and full study and examination of such person, that such person is hopelessly and incurably insane.
(9) Upon application of either party, when the court finds 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.
(10) In favor of the husband, when the wife was pregnant at the time of marriage, without his knowledge or agency.
(11) In favor of either party to the marriage when the other has committed actual violence on his or her person, attended with danger to life or health, or when from his or her conduct there is reasonable apprehension of such violence.
(12) In favor of the wife when the wife has lived, or shall have lived separate and apart from the bed and board of the husband for two years and without support from him for two years next preceding the filing of the complaint, and she has bona fide resided in this state during said period.
(b) When a judgment of divorce is entered, in effect, it is awarded to both parties to the marriage.
Alabama Grounds
Alabama, Child Custody Factors
In Alabama, the court shall consider the following when making a custody decision:
a) Sex and age of each child.
b) The emotional, social, moral, material, and educational needs of each child.
c) The respective home environments offered by each party.
d) The characteristics of each party seeking custody, including age, character, stability, mental and physical health.
e) The capacity and interest of each parent to provide for the emotional, social, moral, material and educational needs of the children.
f) The interpersonal relationship between each child and each parent.
g) The interpersonal relationship between the children.
h) The effect on the child of disrupting or continuing an existing custodial status.
i) The preference of each child, if the child is of sufficient age and maturity.
j) The report and recommendation of any expert witnesses or other independent investigator.
k) Available alternatives.
l) Any other relevant matter the evidence may disclose
Alaska Divorce Forms and Alaska Divorce Laws Online
ALABAMA STATE BAR
Lawyer Referral Service
415 Dexter Avenue
Montgomery, AL 36104
ASB phone: (334) 269-1515
ASB fax: (334)261-6310
LRS phone: 1-800-392-5660
e-mail:
lrs@alabar.org
Alabama State Bar: Public
The referral attorney agrees to charge no more than $25.00 for the first 30-minute consultation
Laws
Alabama Divorce Source: State Divorce Laws: Alabama
Alabama State Law Library
Alabama Civil Law Clinic at (205) 348-4960.
Free Legal Clinic
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