Men and fathers going through a Alabama divorce face an array of challenges that threaten to upend their lives. Cordell & Cordell’s Alabama divorce lawyers focus on representing men during the divorce process and that gives them a better understanding of how the state’s laws affect them and their families.
Read through our Alabama divorce and child custody articles to gain a better understanding of the road ahead. Educating yourself about the divorce process in Alabama will improve your ability to communication with your divorce lawyer, which goes a long way toward helping your reach your goals in Alabama family court.
Alabama Divorce Overview
Complaints for divorce in Alabama may be filed in the circuit court of the county in which the defendant resides, or in the circuit court of the county in which the parties resided when the separation occurred, or if the defendant is a nonresident, then in the circuit court of the county in which the other party to the marriage resides.
When the defendant is a nonresident, the other party to the marriage must have been a bona fide resident of this state for six months next before the filing of the complaint, which must be alleged in the complaint and proved.
Alabama Divorce Grounds
(1) When one part at the time of the marriage physically and incurably incapacitated from entering into the marriage state.
(3) 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) Becoming addicted after marriage to habitual drunkenness or to habitual use of opium, morphine, cocaine, or other like drug.
(7) There exists such a complete incompatibility of temperament that the parties can no longer live together.
(8) Either party, 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) There has been an 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.
(10) When the wife was pregnant at the time of marriage, without the husband’s knowledge or agency.
(11) When one party 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.
(12) 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 and without support from him for two years next preceding the filing of the complaint, and she has bona fide resided in this state during that period.
Divorce by Default or Trial
Two common methods of obtaining a divorce are by default or by trial. A default divorce occurs when the party against whom the divorce suit is brought fails to respond within the time limits set by law.
If the defendant does appear and files a response to the complaint, the case will be set for a trial. In this set of circumstances, unless the case is settled prior to its going to trial, there will be an actual trial before the judge with each party having the right to call witnesses.
In either case the judge must decide all of the pertinent issues, such as whether a divorce will be granted, custody of the children, amount of child support, alimony, and division of property. The judge will decide all of these issues and will make the final decision concerning the divorce.
The difference is that if there is a default, the judge will base his ruling on the oral or written testimony of only the party who filed the suit.
Alabama Divorce Lawyer
If you are a man facing divorce in Alabama, you should contact an Alabama divorce lawyer to ensure your rights are protected.
Cordell & Cordell Birmingham divorce lawyers are licensed to practice throughout the state and are available for consultations should you seek additional information or possible legal representation. Please call 1-866-DADS-LAW or 205-453-4545.
Sources: Alabama State Bar and Alabama State Divorce Code