To justify a cause for divorce, a person must demonstrate one or more conditions exist from the following set of recognized judicial reasons, before the State of Alabama may grant a decree of divorce. Commission of crimes against nature, or other unnatural sexual behavior, before or after the marriage; ? Insanity, confinement to a mental institution for a period of not less than five (5) successive years, and a qualified determination there is no hope of recovery; ?
While the court generally looks favorably upon voluntary measures such as mediation, counseling, parenting education, and other alternative dispute resolution techniques; there is no legal provision in Alabama that require either party to engage in such services prior to filing a complaint or receiving a judgment of divorce.
An acceptance and waiver of service is allowed if signed by the defendant and a credible witness.
At least one spouse (Plaintiff) must be a resident of Alabama for not less than six (6) months prior to filing for a divorce within the Alabama Circuit Court system.
If both spouses are residents of Alabama, the divorce may be filed in either the county where the spouses both resided at the time of their separation; or the county where the Defendant resides.
This can be especially helpful if the divorce decision is expected to take a longer period to accomplish for any variety of reasons.
As with any document pertaining to the dissolution of marriage, it is important to file a separation agreement with the Clerk of the Court for signature by the judge to ensure the terms are binding.
There is no legal provision in Alabama for a summary divorce; generally applicable to divorcing couples who generally have no children and minimal property, assets and debts.
Additionally, specific evidence must be presented at a court hearing to support a default judgment for a divorce case under Alabama civil procedures.
Voluntary abandonment by either spouse for a continuous period of separation not less than one (1) year prior to filing of the complaint.