In order to file for divorce in Alabama the only requirement, which must be stated in the Petition, is irreconcilable differences. If this is not specifically stated in the Petition for Dissolution of Marriage, the court will not grant a divorce in Alabama.
This ground is also commonly referred to as “no fault” divorce.
The spouse who files for divorce is called the Petitioner. The other spouse is known as the Respondent.
Where to file your divorce case
In order to file for a divorce in Alabama: (i) you and/or your spouse must have lived in Alabama for at least six months before filing for divorce; and (ii) you must file in the circuit court in the county in which either you or your spouse has lived for at least ninety days. However, any circuit court in Alabama will accept the Petition as long as both spouses agree to file in circuit court where they do not live. This option is done to avoid delays or to use circuit courts that allow certain types of divorce to be completed without any court visits.
In Alabama the waiting period to obtain a Final Judgement for Dissolution of Marriage is 20 days from the time the Petition for Dissolution of Marriage is filed for divorce, unless it can be shown to the court that there is a specific circumstance that would make that waiting period unfair to the Petitioning spouse.
Sec. 6.001. INSUPPORTABILITY. On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
Sec. 6.301. GENERAL RESIDENCY RULE FOR DIVORCE SUIT. A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been:
(1) a domiciliary of this state for the preceding six-month period; and
2) a resident of the county in which the suit is filed for the preceding 90-day period.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Sec. 6.302. SUIT FOR DIVORCE BY NONRESIDENT SPOUSE. If one spouse has been a domiciliary of this state for at least the last six months, a spouse domiciled in another state or nation may file a suit for divorce in the county in which the domiciliary spouse resides at the time the petition is filed.
Sec. 6.702. WAITING PERIOD. (a) Except as provided by Subsection (c), the court may not grant a divorce before the 60th day after the date the suit was filed. A decree rendered in violation of this subsection is not subject to collateral attack.
(b) A waiting period is not required before a court may grant an annulment or declare a marriage void other than as required in civil cases generally.
c) A waiting period is not required under Subsection (a) before a court may grant a divorce in a suit in which the court finds that:
(1) the respondent has been finally convicted of or received deferred adjudication for an offense involving family violence as defined by Section 71.004 against the petitioner or a member of the petitioner's household; or
(2) the petitioner has an active protective order under Title 4 or an active magistrate's order for emergency protection under Article 17.292, Code of Criminal Procedure, based on a finding of family violence, against the respondent because of family violence committed during the marriage.
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