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Alabama Grounds for Divorce

The Complaint for Divorce is the initial document filed with the Alabama court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

The circuit court has power to divorce persons from the bonds of matrimony, for the causes following:

No-Fault Based Grounds:
(1) Incompatibility.

(2) Irretrievable breakdown of the marriage.

(3) voluntary abandonment from bed and board for one year.

Fault Based Grounds:
(1) Incapacitated from entering into the marriage state. (2) adultery. (3) Imprisonment. (4) habitual drunkenness or drug use. (5) Insanity for five successive years. (6) In favor of the husband, when the wife was pregnant at the time of marriage, without his knowledge or agency. (7) Domestic Abuse (Code of Alabama - Title 30 - Chapters: 2-1 and 2-2)

Every divorce case that is filed in the state of Alabama must declare the grounds in which the divorce is to be granted. The grounds for divorce must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a divorce, or agreeing to a divorce, make sure that you completely understand the grounds and any potential legal repercussions. If you would like to learn more about the Alabama grounds, visit the Alabama state statutes located at: http://www.legislature.state.al.us.