Law

Alabama divorce: An overview of the grounds

Alabama is one of those states that allow for both fault-based and no-fault divorces. Divorces are often complicated, but in the best interests of both parties, it is absolutely important to resolve issues as amicably as possible. If you are contemplating the decision, you should consider consulting a divorce lawyer Huntsville at the earliest. In this post, we are discussing the grounds for divorce in Alabama, along with crucial details that matter.

Understanding no-fault grounds

If you are the one filing for divorce, you are the petitioner. You can decide whether this could be a contested or an uncontested divorce, depending on whether you and your spouse agree to the terms of the divorce. If your spouse doesn’t want the divorce, you can go for a contested divorce, for which you have to cite a ground. When some files for a no-fault divorce, it basically means that neither party is the single reason for the breakdown of the marriage. To dissolve the marriage, there is no need to start a blame game. There are two no-fault grounds for divorce –

  1. The first one is incompatibility, which means that the couple cannot live together anymore.
  2. The second one is the irretrievable breakdown of the marriage, which means there is no hope for reconciliation.

Understanding fault-based grounds

If the petition is alleging that the spouse is the reason for the divorce, they are filing for a fault-based divorce, for which there are numerous grounds, including –

  • Adultery
  • Incapacitation
  • Imprisonment
  • Alcohol/substance abuse
  • Admission to a mental hospital

Contested vs uncontested divorces

If you and your spouse agree to aspects like child custody, child support, alimony, and distribution of assets, you can go for an uncontested divorce, which is much simpler and doesn’t take as much time. Contested divorces, on the contrary, are more complicated and can sometimes drag on for a long time. If you want a divorce and your spouse is untraceable, you can file for a contested divorce in such circumstances.

Get an attorney

Even when your circumstances are ideal, and there is not much friction with your spouse, you need to consider getting a divorce lawyer on your side. They can help explain your rights and will work as an advocate for your interests. Contested divorces often end up in trial, and if that happens, your lawyer will represent you. Not to forget, you don’t have to worry about the paperwork and complicated aspects related to the legal process. Call a divorce lawyer today!

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