Please note: local and state laws change constantly. This information is for educational purposes only. We do our best to keep this up-to-date, but please contact us to discuss your unique situation.
Getting Divorced in Alabama
According to the Alabama State Code, complaints for divorce in Alabama may be filed in the circuit court of the county in which the defendant resides, or in the circuit court of the county in which the parties resided when the separation occurred, or if the defendant is a nonresident, then in the circuit court of the county in which the other party to the marriage resides. At least one of the spouses must be a resident of the county.
The circuit court has power to divorce for the following causes:
- In favor of either party, when the other was, at the time of the marriage physically and incurably incapacitated from entering into the marriage state.
- For adultery.
- For voluntary abandonment from bed and board for one year next preceding the filing of the complaint.
- Imprisonment in the penitentiary of this or any other state for two years, the sentence being for seven years or longer.
- The commission of the crime against nature, whether with mankind or beast, either before or after marriage.
- For becoming addicted after marriage to habitual drunkenness or to habitual use of opium, morphine, cocaine, or other like drug.
- Upon application of either the husband or wife, when the court is satisfied from all the testimony in the case that there exists such a complete incompatibility of temperament that the parties can no longer live together.
- In favor of either party, when the other, after marriage, shall have been confined in a mental hospital for a period of five successive years, if such party from whom a divorce is sought is hopelessly and incurably insane at the time of the filing of the complaint; provided, however, that the superintendent of the mental hospital in which such person is confined shall make a certified statement, under oath, that it is his opinion and belief, after a complete and full study and examination of such person, that such person is hopelessly and incurably insane.
- Upon application of either party, when the court finds 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.
- In favor of the husband, when the wife was pregnant at the time of marriage, without his knowledge or agency.
- In favor of either party to the marriage when the other has committed actual violence on his or her person, attended with danger to life or health, or when from his or her conduct there is reasonable apprehension of such violence.
- In favor of the wife when the wife has lived, or shall have lived separate and apart from the bed and board of the husband for two years and without support from him for two years next preceding the filing of the complaint, and she has bona fide resided in this state during that period.
Waiting Period
The court will wait 30 days from the date of the filing of the summons and complaint to finalize the divorce.
Alabama Divorce Laws and Marriage Laws
You can find a complete listing of the Alabama divorce laws by searching “divorce” here.
