In Alabama, there must be grounds (or causes) for divorce for the circuit court to have the power to enter the divorce. These grounds, found at Code of Alabama 1975 § 30-2-1, are either fault-based or no-fault based. No-fault grounds are the most common grounds for divorce, and are as follows:
Irretrievable breakdown of the marriage or Incompatibility.
Fault-based grounds, even if they occur during the marriage, are used as grounds for divorce less frequently than no-fault grounds, due in part to the fact that these grounds must be proven at trial. These fault-based grounds are:
- Incapacity or Impotency;
- Voluntary abandonment;
- Imprisonment in penitentiary;
- Commission of crimes against nature;
- Habitual drunkenness or drug addiction;
- Pregnancy at time of marriage;
- Violence and reasonable apprehension thereof;
- Separation without support.
If you are contemplating divorce, and you believe that any of the fault-based grounds above are present in your marriage, discuss them with your attorney at your initial consultation. Your attorney will be able to give you advice and counsel on what grounds your divorce should be filed.