If you are looking to get a divorce in Alabama, there is a lot you need to know. One of the most important things you should understand is the difference between a no-fault divorce and citing fault grounds. Please continue reading and speak with our Alabama family law attorneys to learn more. Here are some of the questions you may have:
What is a no-fault divorce?
In Alabama, when one party initiates a divorce, that individual will have to cite grounds for the divorce. Fortunately, Alabama is a “no-fault” state, which means that you do not have to cite specific fault grounds. Instead, you can cite the following no-fault grounds:
- Incompatibility of temperament
- Irretrievable breakdown of the marriage of 2 years
- Voluntary abandonment for 1 year
In most cases, our firm recommends filing a no-fault divorce. This is because when you choose to cite fault grounds, you will give your spouse a chance to respond to your allegations, which, in most cases, makes for a far longer, more expensive, and more hostile divorce process. Furthermore, citing fault grounds seldom works in the favor of the person who cites them, which is why, under most circumstances, it is generally best to file a no-fault divorce.
What fault grounds are citable in an Alabama divorce?
Keeping this in mind, there are various fault grounds available. They are as follows:
- Pregnancy unknown to the husband
- Substance abuse issues
- Institutionalization for at least 5 years
- Incarceration for 2 years, with total jail time exceeding 7 years
- Committing a crime against nature before or after marriage
Does my divorce have to go to court?
Many spouses in Alabama wish to settle their divorce matters outside of the courtroom setting. Fortunately, if you and your spouse are on speaking terms and you believe you may be able to cooperate with one another, you may have other options. One of the best alternate dispute resolution options is mediation. A mediator is a neutral third party appointed by you and your spouse. He or she will listen to both of your wishes regarding your divorce terms, and from there, he or she will try to work out a compromise that works for both of you. In many cases, spouses will reach a compromise that they are both satisfied with, allowing them to finalize their divorce and move on with their lives.
Contact our experienced Alabama firm
Stone Crosby, P.C. has proudly served clients in Alabama for over 100 years. Our firm has experience handling matters including divorce and family law, estate planning and administration, business law, employment law, class actions, consumer protection, business law, real estate law, among many others. If you require quality legal representation, contact our firm today to schedule a consultation.