What are the types of fault grounds in an Alabama divorce? When a party decides that they want to divorce their spouse, they are known as the Petitioner, and they have a few different decisions to make. The Petitioner needs to decide whether the divorce will be contested or uncontested, which basically depends on whether the couple can agree to each term of their divorce. Then, the Petitioner must decide what grounds, or reasons, they are relying on to petition for divorce. In Alabama, the Petitioner can either file a no-fault divorce in Jefferson County, or the Petitioner may allege specific fault-based grounds for their divorce.
If the Petitioner decides that the divorce will be a no-fault divorce, then they are stating that neither party is the reason for the divorce. This tends to be the most common option because it is the simpler and more efficient way to divorce. It does not require any evidence proving that either party is responsible for the dissolvement of the marriage, which makes it much easier to finalize than a fault-based divorce. In Alabama, there are two no-fault grounds for divorce. First, the Petitioner could allege that the couple has an incompatibility of temperament to where they cannot live together anymore, or second, the Petitioner may allege that there has been an irretrievable breakdown of the marriage to where they cannot reconcile. If an irretrievable breakdown is alleged, the Petitioner will usually state that the reconciliation would be futile or impractical and not in their family’s best interest.
If the divorce is filed on fault-based grounds, then the Petitioner is essentially alleging that their spouse is the reason for the uncontested divorce in Morgan County, or anywhere else in Alabama. The State of Alabama currently recognizes 10 fault-based grounds for divorce, which include the following: (1) incapacitation; (2) adultery; (3) voluntary abandonment; (4) imprisonment; (5) commission of a crime against nature; (6) addiction to habitual drunkenness or the illegal use of drugs; (7) admission to a mental hospital; (8) withheld knowledge of a pregnancy; (9) violence or the reasonable apprehension of violence; and (10) living separately without spousal support. These fault-based grounds for online divorces do not typically affect the outcome of the divorce proceeding, but they may in certain situations. For example, in an extreme situation where one spouse was physically, emotionally, and financially abusive, their abusive actions may affect the Circuit Court’s decision regarding child custody or the division of the couple’s marital property.
Divorces require numerous decisions to be made including the reason for the divorce. The Petitioner’s grounds for divorce must be provided in their Divorce Petition regardless of whether the Petitioner believes that they will affect the divorce proceeding. Fault-based grounds for a divorce may be difficult to prove, and some may have their own requirements that must be satisfied, like a set number of years, before they can be alleged. Because of this, it may be best to file for divorce on no-fault grounds. If you are unsure of which grounds for divorce you should file under, contact us today, and one of our experienced divorce attorneys in Anniston, or anywhere else in Alabama, will be happy to assist you in this matter.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, probate, and real estate closings on this website. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply feedback. We appreciate our readers & love to hear from you!