Divorce and Custody


Where to Start?

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Grounds for Divorce in Alabama

Divorces may be granted to either party as long as they meet certain requirements. Once the divorce is granted, it applies to both spouses. The person applying for divorce in Alabama must be a resident for at least 6 months prior to filing if the other party is not a resident of Alabama.

No-fault Divorce

Fault is not required for divorce in Alabama. A divorce may also be granted because the marriage has irretrievable broken down.

Fault-based Divorce

Alabama does not require a justifiable cause for divorce, but AL ยง 30-2-1 lists reasons where a husband or wife may be given a for-cause divorce. Among the reasons are:

        1. Impotency at the time the parties entered the marriage
        2. Adultery
        3. Alcoholism or drug addiction after the couple married
        4. One of the parties was sentenced to a jail term of 2 years or more
        5. One party is committed to a mental health facility for 5 years or more

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