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Alabama Divorce Laws, Child Support, and Attorneys

Alabama Residency Requirements:

Alabama does have a divorce residency rule. If one spouse is not a resident of Alabama and the other spouse does reside in Alabama, to commence an action for divorce the spouse who is in Alabama must have been a resident of Alabama for at least 6 months.

Alabama Divorce Filing:

In Alabama a divorce may be filed in any of the following counties: the County where the non filing spouse (commonly called the Defendant) resides, or the county where both parties resided at the time of their separation, or the county where the filing spouse (commonly called the Plaintiff) resides if the other spouse does not reside in the State of Alabama.

Alabama Divorce Grounds:

In order to file for, and obtain an Alabama divorce, the filing spouse must have at least one of the following "grounds" for divorce:

  • the irretrievable breakdown of the marriage;

  • the complete incompatibility of temperament of the parties such that the parties can no longer live together;

  • the voluntary separation of the parties for over 1 year;

  • the physical and incurable incapacitation at time of marriage;

  • adultery;

  • the voluntary abandonment of one spouse by the other for one year preceding filing of Complaint;

  • the imprisonment for two years of one of the parties, if the total sentence is over 7 years;

  • proof of any unnatural sexual behavior before or after the marriage;

  • the drug abuse or alcohol addiction of one of the parties;

  • if the wife is pregnant by another man at the time of the marriage without the husband's knowledge;

  • the physical abuse of one party by the other party or the reasonable fear of such physical abuse;

  • the parties have lived and apart without cohabitation for over 2 years without the husband supporting the wife; this is a fault ground for divorce that can only be filed by wife;

  • the confinement of one party to a mental hospital for five years with no hope of recovery.



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