There are thousands of reasons why couples may seek divorce. However, there are only a limited number of legal grounds for a divorce in Alabama. If you want the court to punish your spouse for something they did to you, you can opt for the fault-based divorce option.
When you file a claim, you must back up your statements with solid evidence. However, it is important to remember that this will also take more time and cost more attorney fees. There are certain legal acceptable grounds for divorce in Alabama. Consult with a Birmingham divorce attorney to understand if your reason for the divorce is valid.
Legally accepted grounds for divorce in Alabama
- One spouse was physically incapacitated during the marriage.
A valid marriage is one where both the spouses have given consent which requires both of them to be of sound mind. If one or both of the spouses were physically and incurably incapacitated at the time of the marriage, it might have been a forced one.
- One or both the spouses committed adultery.
Adultery refers to having sexual relations with a person other than their spouse. If your spouse has committed adultery and had an affair while they were married to you, you have a valid reason for divorce. Adultery is a criminal offense in the state of Alabama, and you can file for divorce solely based on this reason.
- Your spouse has a drinking problem.
Habitual drunkenness is a legal ground for divorce in Birmingham. If you have already tried your best to help your spouse get better, but they have not, you can take action to protect yourself and your children. To prove habitual drunkenness, you will need to prove that their drinking problem has caused the breakdown of the marriage and not something else.
- Abandonment of the marriage for more than 12 months.
Abandoning the marriage refers to leaving the marriage without communicating with the other spouse and the intent to come back. If your spouse has left you, you can file a claim. To prove the claim, you need to satisfy Alabama’s abandonment requirements. You must demonstrate that your spouse was absent from your marital home and relationship for the given period of time.
- The wife was pregnant at the time of the marriage and did not inform her spouse.
If your wife was pregnant at the time when you two were tying the knot but did not tell you about it, you might be able to file for a divorce. Your attorney can help you prove your claim by gathering evidence, such as medical reports, DNA reports of the child, etc.
