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.


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