Where to File
Be sure that Alabama has jurisdiction for your divorce
If your spouse is not an Alabama resident, then YOU must be able to establish that you have been a resident of the state for six months prior to the date that you file your divorce complaint. This information must be included in the complaint, and proof of residency, such as a driver's license, must be presented and proved at the final hearing. If you and your spouse are both current residents of the state, then there is no required time period.
If you have minor children who have lived with your spouse in another state for more than six months, it may be to your advantage to file in that state, since its courts will have the power to decide what happens to the children. Note: Your spouse has the option to waive that jurisdiction, which must be done properly, in writing.
With the exception of an option for residents living overseas, you must file your divorce in the county in which you presently live, or in the county where your spouse resides, if different. You or your spouse must have a residence within the county (in Alabama) in which you file for your divorce. If you live overseas, you can file in Alabama if you have maintained your residency in Alabama.
Military personnel on active duty--or their spouses--can file for divorce in Alabama provided they have been stationed in the state for six months or were residents of the state upon entering active duty.
Our staff is highly knowledgeable about special military requirements and the details of Soldiers and Sailors Civil Relief Act.
Grounds For Divorce
NO-FAULT or FAULT ?
The ground constituting a no-fault for divorce in our documents usually is: “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.” This is the most common ground that our clients use because there is no requirement for proof at the final hearing.
Here is a full list of the fault grounds are available for filing a divorce in Alabama. They require proof--otherwise a judge the case choose to dismiss the case:
(1) 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.
(2) For adultery.
(3) For voluntary abandonment from bed and board for one year next preceding the filing of the complaint.
(4) Imprisonment in the penitentiary of this or any other state for two years, the sentence being for seven years or longer.
(5) The commission of the crime against nature, whether with mankind or beast, either before or after marriage.
(6) For becoming addicted after marriage to habitual drunkenness or to habitual use of opium, morphine, cocaine or other like drug.
(7) 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.
(8) 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.
(9) In favor of the husband, when the wife was pregnant at the time of marriage, without his knowledge or agency.
(10) 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.
(11) 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 without support from him for two years next preceding the filing of the complaint, and she has bona fide resided in this state during said period.
When a judgment of divorce is entered, in effect, it is awarded to both parties to the marriage.
Waiting Periods refer to the time that a court requires to pass from the time the divorce is filed and the time that your divorce decree becomes final.
Divorce law in Alabama requires that 30 days pass from the filing of a divorce complaint and summons or Answer and Waiver before a final judgment of divorce be official. If your spouse signs the Alabama Answer and Waiver immediately after you file the divorce complaint, then your divorce can become final in as few as 30 days.
Alabama law further requires that neither you nor your spouse may remarry, except to each other, until sixty days following the judgment of divorce is entered