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Alabama No Fault Divorce

There are two grounds on the basis of which divorce is granted in the state of Alabama. One is the “fault” ground and the other is “no fault” ground. According to Alabama no fault divorce laws, the following conditions are required for granting of divorce:
  • Residency proof: In order to get divorce in the state of Alabama, the divorcing spouse or spouses must be staying in the state for 6 months.
  • The presence of these two factors, either in combination or at least the presence of one: “incompatibility” and marriage “irretrievably broken down” are now grounds of “no fault” divorce in the state of Alabama.
  • “Incompatibility” refers to incompatible temperaments of the partners so that they can no longer live together.
  • The marriage is considered “irretrievably” broken down, if there is no scope of patching up the disputing partners and it is also not in their best of interests.
  • If any spouse had voluntarily abandoned the other before the filing of no fault divorce case, then also the divorce can be granted.
  • Alabama no fault grounds for divorce specify that a divorce case on the grounds of no fault can be filed where none of the spouses need to prove any wrongdoing on the part of the other.
  • The couple must be separated for a minimum of two years before filing for no fault divorce.
  • The question is: if a spouse wants the divorce and the other is not willing to give, can the former get the divorce?
Alabama no fault divorce laws are very clear about this matter. An unwilling spouse can not be dragged in a marriage that he/she is not interested in. So, even if the divorce is unilaterally proposed by one spouse and refused by the other, it might just take more time and more money but the fact that they are separate from each other for a minimum of two years from the date of filing the divorce, is enough ground to get the divorce.

Uncontested Alabama no fault divorce cases

If the no fault divorce is ‘uncontested”, meaning there are no unsettled disputes between the spouses over matters such as child custody, property division, spousal support etc, then judges grant a 30-days waiting period before finalizing the divorce. It means that spouses may try to settle issues among themselves in these 30 days. After the 30 days, divorce decree is granted to the spouses. However, Alabama no fault divorce guidelines stipulate that if the divorce is contested then the divorce decree would be finalized only after the final ruling over the maters that are raised in the courts are settled. This may take several months, depending on the complications in the case.

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