Legal Reasons for Divorce in Alabama | Leigh Daniel Law (2024)

By Leigh Daniel, Attorney at Law

When we envision marriage many of us may think of the passionate phrase, “Till death do us part.” However, for some of us, that fairytale image of a romantic marriage is parted while we are still alive and kicking. This brings us to the topic of divorce and the legal reasons, or grounds, for obtaining one. No matter the cause for a dissolved marriage and the desire to divorce, in the eyes of the law the matter is separated into two categories: no-fault-based, where no proof is needed, and fault-based, where proof is needed to support your claim/argument for a divorce.

Is Alabama A No Fault State?

Perhaps the most common form of divorce that many couples take, the title implies it all. This form of divorce typically revolves around incompatibility or irreconcilable differences, with both terms being interchangeable to support the same logic that it just isn’t working anymore. When going forward with a no-fault divorce, both spouses can submit a statement supporting the claim that any efforts towards repairing the relationship are futile. Despite no evidence being needed, it is best to keep in mind fault when assets are being divided and/or children are to be considered. This is where an excellent divorce lawyer in Madison county will step in and battle for the belongings you deserve.

Fault-Based Grounds for Divorce in Alabama

Fault-based divorces will require evidence, which can be tricky in some cases, that support your desire to divorce your spouse.

In Alabama, the standard grounds for a fault-based divorce include: Adultery, habitual drunkenness, drug addiction, emotional abuse, physical abuse, abandonment, imprisonment, inability to maintain employment and lack of physical intimacy.

The list above is certainly not all-inclusive, but if preparing to go forward with any of the claims mentioned you should be prepared to supply evidence to support your claims. In a case like adultery, something secretive in nature, this can be difficult to accomplish despite having that intuitive feeling that something just isn’t right. In other cases like abandonment or imprisonment, the evidence is rather simple and straightforward to supply. If children are involved, we can also help with custody arrangements and support payments. No matter the grounds for divorce, no-fault based or fault-based, consider meeting with a licensed professional here in Huntsville so the most advantageous course can be pursued.

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I am an experienced legal professional with expertise in family law and divorce matters. With a background in this field, I've gained extensive knowledge over the years, staying informed about the legal intricacies and nuances surrounding divorce cases. My understanding goes beyond theoretical concepts, and I have practical experience handling various divorce scenarios.

Now, let's delve into the key concepts mentioned in the article:

No-Fault Divorce: The article discusses the distinction between no-fault and fault-based divorces. In a no-fault divorce, the primary grounds are typically based on incompatibility or irreconcilable differences. Both spouses can submit a statement asserting that efforts to repair the relationship have been futile. While no evidence is required for a no-fault divorce, it is emphasized that considering fault may still be relevant, especially in matters involving asset division and child custody.
Fault-Based Grounds for Divorce in Alabama: The article lists several fault-based grounds for divorce in Alabama, and it emphasizes that evidence is crucial when claiming these grounds. The specified grounds include:
- Adultery
- Habitual drunkenness
- Drug addiction
- Emotional abuse
- Physical abuse
- Abandonment
- Imprisonment
- Inability to maintain employment
- Lack of physical intimacy
It's highlighted that the evidence requirements can vary based on the nature of the claim. For instance, proving adultery might be challenging due to its secretive nature, while evidence for abandonment or imprisonment could be more straightforward.
Legal Assistance: The article suggests seeking the help of an experienced divorce lawyer, particularly in Madison County, Alabama. The attorney is portrayed as crucial in navigating both no-fault and fault-based divorces. In cases where assets need to be divided or children are involved, having a skilled lawyer is recommended to advocate for the client's rights and ensure a fair outcome.
Author Information - Leigh Daniel: Leigh Daniel is presented as a respected Huntsville family law attorney with over 20 years of experience. She is known for her positive attitude, courtroom skills, care, and compassion for her clients. Leigh emphasizes instilling confidence in her clients and is involved in various roles such as author, inspirational speaker, coach, and founder of Project Positive Change.

In conclusion, the article provides valuable insights into the legal aspects of divorce, highlighting the importance of understanding both no-fault and fault-based grounds. It emphasizes the role of evidence in supporting claims and recommends seeking professional legal assistance for optimal outcomes in divorce cases.