Divorce Grounds in Alabama
Alabama law provides divorces can be obtained in both “fault” and “no fault” situations. Most Alabama divorces are granted on “no fault” grounds. However, the following grounds are recognized as “fault” grounds:
Fault Divorces in Alabama
- (1) Incurable Incapacitation of one spouse;
- (2) Adultery;
- (3) Unknown pregnancy at the time of the marriage;
- (4) Imprisonment;
- (5) A crime against nature;
- (6) Addiction;
- (7) Incurable insanity; and
- (8) Abuse.
No-Fault Divorces in Alabama
More often than not, divorce judges in Alabama grant a divorce on “no-fault” grounds. These “no-fault” grounds are:
- (1) Incompatibility of temperament;
- (2) Irretrievable breakdown of the marriage; and
- (3) Voluntary abandonment.
While many people seek a divorce on “fault” grounds, the truth is, there is very little difference in the final outcome. However, if the presiding judge finds one spouses poor behavior is the primary cause of the divorce they may enter a divorce on a “fault” ground in order to explain why he divided the property in a manner less favorable to the offending party.