Alabama Divorce Laws
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The following is a summary of Alabama divorce laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Alabama Code and/or consult with an attorney about how the law might apply to your particular situation.

Grounds for Divorce in Alabama.
The state of Alabama shall grant a "no-fault" divorce if it finds either that there exists such a complete incompatibility of temperament that the parties can no longer live together, or that 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.

Alabama also recognizes several fault-based grounds under their statutes. The following is a brief summary of those grounds, and if you are interested in using any of these grounds, it would be in your best interests to consult with an attorney about whether your particular situation warrants filing your divorce based on such grounds, and what type of proof might be needed.

(1) Physically and incurably incapacitated from entering into the marriage state
(2) Adultery
(3) Imprisonment
(4) Crimes against nature
(5) Addiction
(6) Insanity
(7) Pregnancy of the wife at the time of marriage without the husband's knowledge or agency
(8) Violence
(9) Abandonment

-From Section 30-2-1 of the Code of Alabama.

Alabama Residency Laws.
Complaints for divorce may be filed in the circuit court of the county in which either spouse resides, or in the circuit court of the county in which the parties resided when the separation occurred. If the defendant does not reside in the state of Alabama, then the other party to the marriage must have been a bona fide resident of Alabama for six months before filing the complaint.

-From Sections 30-2-4 and 30-2-5 of the Code of Alabama

 

Waiting Period Before Divorce is Finalized in Alabama.
A court shall not enter a final judgment of divorce until after the expiration of 30 days from the date of the filing of the summons and complaint. However, temporary orders (for child custody and support, alimony, etc.) can be issued during that period.

-From Section 30-2-8.1 of the Code of Alabama

Learn more about the divorce procedure.

 

Additional Information.
Following a divorce, neither party shall again marry, except to each other, for a period of at least 60 days.

-From Section 30-2-10 of the Code of Alabama

 

If your divorce is uncontested, we would love to guide you through the process from beginning to end. Learn more about how our uncontested divorce services can help you through your divorce.

Go to another Alabama Divorce Page:
General Alabama Divorce Laws
Alabama Alimony Laws
Alabama Child Custody Laws
Alabama Child Support Laws
Alabama Divorce Laws and Property Division

 

© Help Yourself Divorce 2002-2008

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.

This information has been summarized from the Alabama statutes. You can find the full-text version of these and other Alabama divorce statutes online here: Alabama Divorce Laws.