Alabama Divorce Laws 10

In: Alabama

Divorce Law Basics in the State of Alabama

Also See: Alabama Marriage Laws

Statute: Alabama State Divorce Code (Title 30, Chapter 2):

No-Fault Grounds:

  • Incompatibility
  • Irretrievable breakdown
  • Voluntary abandoment (1 yr)

At-Fault Grounds:

  • Adultery
  • Imprisonment
  • Habitual drunkeness or drug abuse
  • Confinement to a mental hospital for five successive years
  • In favor of the husband if the wife was pregnant prior to the marriage without the husband’s knowledge or contribution
  • Violence and/or abuse
  • In favor of the wife when she has lived apart from the husband and without financial support and remains a resident of the state for 2 years prior to filing

Residency: Filing party must be a resident for six months prior to filing.

Legal Separation Recognized? Yes

Property Distribution : Alabama relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner” if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance)  is not included in property distribution.

Alimony : Alimony may be awarded to either party and is at the discretion of the judge. Separate property is not considered in alimony awards however, the judge may consider fault and adjust spousal support accordingly.


  • Leigh williamson

    My husband has filed for divorce–I’m the defendant but have decided to fire my attorney and withdraw my agreement to sign anything. My husband is furious and insists that I have to sign papers HIS attorney has drawn up or we will have to go to court (alabama) What’s the real deal?

  • Tammie Cannon

    I have recently filed for a divorce. My husbands mail still comes here, and sometimes I have the feeling that he has been in the house (locks changed). He has joined a motorcycle group and is I assume with them.
    Name Unknown. How many times or time frame does the process server have to come out? Can I get a divorce without his signature if we cant find him? Please enlighten me how?

    • Jaime

      Yes you can have a divorce granted without his signature, as long as you list it as abandonment. At that point you can take it before the judge, The state of alabama has a long in effect that you have to attempt to find him. Place an ad in the news paper. The ad must be listed for a month… Have the summons sent to his last known address with a receipt showing that it was not deliverable… Once those things are done you can go back before the Judge who can legally grant your divorce and he will not be entitled to anything.

  • Ron

    My father is 87 years old and married to his second wife. They live in a
    house she purchased before they got married.
    He is in poor phyical condition and has become to hard for his wife to continue to handle him. Her children are concerned about her mental and
    physical health. To help calm their concerns, we placed my father in an
    assisted living facility.
    There seems to be a great concern by his wife about my fathers money
    , which is not alot. he has his military retirement & social security.
    This is just barely enough to pay for his housing & other expenses for each month.
    My brother and I do not want any of his money, but his wife thinks we want to steal it.
    With her being this way we are afraid that his wife will some how mess this up and my dad will be forced to leave this facility.
    Do we, as his family, have any legal steps we can take or is this just something he and hus wife have to resolve?

  • Carol

    Bifurcation in Alabama?

    My husband moved out of state two years ago with his new fiance and her children. He moved over 800 miles away from our children and me. I filed for divorce about 4 months ago and it seems as though we have made no progress. As he has been gone for so long and is now engaged, would Alabama consider a bifucation of the marriage? I worked so hard for so long to save this marriage while he was living with her; now that I realize that it’s really over, I just want to move forward with my life. Thanks for any help.

  • Annette

    My finacee’ has been separated from his wife for 3 yrs now.She moved from Md to Al about 8 mo ago. We are in Ms. My question is that how would he start the proceedings for the divorce since they are in two different states? There isnt a custody issue nor do they have assets. Just agree they need a divorce.

  • Bev

    My husband and myself own a house and a trailer – The deed is in his and his mother’s name. If we get divorced and it’s his fault – will I have to move? or will I have any rights being that we were married when they bought it?

  • missy701

    I have recently left AL and went to PA (where I am from) with my children. I have just had a lawyer in PA file legal separation & custody papers. My husband has recieved the papers. Can he now file divorce papers against me even though I can not file them legally from PA for another 5 1/4 months myself? Do I have to worry about getting ‘served’ until then?

  • missy701

    Do you need to be legally separated in AL to be served divorce papers?

  • Pat

    Ive been married since jan 06. My husband left on may 06! He stayed gone for an whole year! I begged pleaded for him to come home. He never did i stayed by myself for six months during that year, yet he never came home! Well after those six months i had a male friend! But during the year i found out that my husband encouter several relationships with several women! Well, august 07 out the blue he decided to come back home on his own i still had my friend but once the husband came home i cut all ties with the friend! Well, september 21 i moved home to my mothers he went to his granmom cause we was having a hard time finding a place to live!! Well i was at work on nov 3 07 my husband text me saying he had a baby coming! I was hurt to my soul! Well, we continue to see each other i found out i was pregnant the end of january 08! He deneid our baby the whole nine months! I cut my husband out of my life at four months pregnant! I changed my number i didnt allow our boys to visit him cause i was under the impression that he was living with the other lady expecting his child! While being pregnant i was on bed rest from july 2 until oct 5!! I went through the pregnancy without my husband! He showed up at the hospital because i had complications after bringing our daughter into the world!! He begged for his family back i took him back and forgave him for all the hurt he caused me!! Our daughter is almost four he hasnt done right by me or our three kids!! Dec 11 i found rubbers in his car!! He’s verbally abusive he gives me the silent treatment theres no communication unless were texting!! We barely have sex!! Ive been so forgiving of him but last month on the 22nd i had him to move out cause i couldnt continute to deal with anything negative from him!! I really want to be divorced but with bills & kids i dont see it happening he says he want one too but he doesnt have the money!! I want my life back we grew up together as kids!! We been together since 1999!! I stay praying for my next move it just seem so unfair to me since im a woman of God and im trying to live an christ like life these three in a half years!!