Grounds for Divorce in Alabama: No-Fault, Fault and Separation Requirements
Alabama recognizes twelve grounds for divorce. Two are no-fault, incompatibility of temperament and irretrievable breakdown, and neither needs a separation period. Some fault grounds carry their own time periods, and the 30-day waiting period applies to every ground.
What are the grounds for divorce in Alabama?
The circuit court may divorce spouses for the causes listed in Ala. Code 30-2-1(a): incapacity at the time of the marriage, adultery, abandonment for one year, imprisonment, crime against nature, addiction, incompatibility of temperament, five years in a mental hospital, irretrievable breakdown, pregnancy by another at the time of marriage, violence, and a separation ground written in favor of the wife. When a judgment is entered, it is in effect awarded to both spouses (30-2-1(b)).
Which grounds are no-fault?
Two: incompatibility of temperament, when the court is satisfied from all the testimony that there is such a complete incompatibility that the parties can no longer live together (subdivision 7), and irretrievable breakdown, when the court finds attempts at reconciliation are impractical or futile and not in the best interests of the parties or family (subdivision 9). Neither requires a separation period.
| Ground | Subdivision | Condition in the statute |
|---|---|---|
| Incompatibility of temperament | (7) | Court satisfied from all the testimony that the parties can no longer live together |
| Irretrievable breakdown | (9) | Court finds further attempts at reconciliation are impractical or futile and not in the best interests of the parties or family |
| Adultery | (2) | Alabama bars a judgment where both spouses committed adultery or one condoned it (30-2-3) |
| Voluntary abandonment | (3) | From bed and board for one year before the complaint |
| Imprisonment | (4) | Penitentiary sentence of seven years or longer, with two years imprisonment |
| Habitual drunkenness or drug use | (6) | Becoming addicted after the marriage |
| Violence | (11) | Actual violence endangering life or health, or reasonable apprehension of it |
| Confinement in a mental hospital | (8) | Five successive years, with a certified statement that the spouse is hopelessly and incurably insane |
Are there waiting periods inside the grounds?
Yes, but only in particular grounds: abandonment must be for one year next before the complaint, imprisonment requires a sentence of seven years or longer and two years in the penitentiary, mental hospital confinement requires five successive years, and the wife’s separation ground requires two years living apart and without support plus bona fide residence in Alabama during that time (30-2-1(a)(3), (4), (8), (12)). The 30-day waiting period after filing applies to every ground (30-2-8.1).
What defenses can block an Alabama divorce?
Section 30-2-3 provides that no judgment can be entered on the confession of the parties, or when adultery was committed with the consent of the other spouse for the purpose of obtaining a divorce, or when both parties committed adultery, or when adultery was condoned by the offending spouse being admitted to conjugal embraces after knowledge of it (30-2-3).
Does fault affect alimony or property in Alabama?
It can. When a divorce is granted for the misconduct of a spouse, the judge may make an allowance from either spouse’s estate and may consider the misconduct in setting the amount, but property acquired before the marriage or by inheritance or gift may not be considered (30-2-52). The Alabama alimony calculator and property division calculator explain how.
What if the spouses were already legally separated?
A final judgment of divorce from bed and board or of separate maintenance that has been in force for more than two years is itself a basis for a divorce, and the other spouse having grounds is not a defense (30-2-2).
How do grounds fit with the timeline?
The grounds you plead do not change the 30-day minimum; the divorce timeline calculator gives the same earliest dates for every ground.
Frequently asked questions
What are the no-fault grounds for divorce in Alabama?
Incompatibility of temperament and irretrievable breakdown of the marriage, with no separation period.
How long must I be separated to divorce in Alabama?
The no-fault grounds name no separation period; some grounds have periods, such as one year of abandonment.
Can Alabama deny a divorce if both spouses committed adultery?
Yes. Section 30-2-3 bars a judgment where both parties committed adultery.
Does fault matter in an Alabama divorce?
It can matter to alimony: the judge may consider misconduct when an allowance is made.
Is the Alabama 30-day waiting period different for fault grounds?
No. It applies to every Alabama divorce, whatever the ground.
Official sources
- Ala. Code 30-2-8.1: waiting period and temporary orders
- Ala. Code 30-2-5: residence of plaintiff when defendant is a nonresident
- Ala. Code 30-2-4: where the complaint is filed
- Ala. Code 30-2-10: 60-day restriction on remarriage
- Ala. Code 30-2-1: grounds for divorce
- Ala. Code 30-2-8: proceedings generally
- Ala. Code 30-2-3: collusion and condonation
- Ala. Code 30-2-52: allowance for misconduct
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Alabama statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Alabama attorney.