Divorce in Alabama

Grounds There are 12 grounds for divorce in Alabama. They are Incapacity, Adultery, Abandonment, Imprisonment, Crimes against Nature, Habitual Drunkenness/Drug Addiction, Incompatibility of Temperament, Mental Incapacity/Insanity, Irretrievable Breakdown, Pregnancy, Violence/Cruelty, and Non-support and Separation.

Settlement Agreements for Uncontested Divorce Where the parties seek to obtain an uncontested divorce, they must agree to the division of all their marital assets and liabilities. Such items as household furnishings, automobiles, real estate, financial assets (checking, savings accounts, stock accounts, etc.), marital debts, dependent tax deductions for couple’s minor children, are examples of what should be clearly identified in the settlement agreement. Click for more information on an uncontested divorce.

When the couple has minor children, agreement must be reached as to the custody, visitation schedule and child support. There is little leeway in determining amounts to be paid by the ex-spouse for child support as Alabama determines such amounts based on gross incomes of the couple and a few other factors. See Child Custody , Child Visitation or Child Support for additional information.

Court Ordered Settlement for Contested Divorce Where a couple cannot come to an agreement as to the splitting up of marital assets and liabilities, the Court will hear evidence from both parties as to how the assets and debts should be awarded. Alabama is an equitable division state, which means that the Court will divide the marital assets and assign the debts among the parties in the manner that the Court deems is fair. This does not mean and should not be interpreted that the Court will split up the assets evenly.