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The Divorce Process in Alabama

Article Summary: As per the latest data and statistics, the highest divorce rates in the US are found in the Bible belt. Tennessee, Arkansas, Alabama and Oklahoma stand to be the top five states, so far as the divorce rates are concerned.

The divorce rates in these conservative states are roughly 50 percent above the national average of 4.2/1000 population. Alabama with a population of 4.3 million has more than one million Southern Baptists and a majority of evangelical Protestants. Alabama’s marriage rate has been above the national average since after World War II. Still its divorce rate has been above the national average for the past 60 years. The divorce rate of 6.2 per thousand couples is 40% higher than what it was in 1970; the year no-fault divorce was legalized in this state. Alabama’s divorces declined from 22,405 in 2004 to 22,076 in 2005. Perhaps, one of the reasons could be, more churches requiring couples to go through counseling before they can have a marriage ceremony in the church. But even with decline, Alabama still has the nation’s eighth highest divorce rate. A recent report cites incapacity as the top reason for divorce, followed by adultery, abandonment, imprisonment and crime against nature as the major reasons for divorce in Alabama.

In order to file a divorce suit in Alabama, certain residency requirements are to be met. These residency requirements are:

When the defendant is a non-resident, the other party to the marriage must have been a bonafide resident of this state for six months next before the filing of the complaint, which must be alleged in the complaint and proved.

Complaints for divorce must be filed in the circuit court of the county in which the defendant resides, or in the circuit court of the county in which the parties resided when the separation occurred, or if the defendant is a non-resident, then in the circuit court of the county in which the other party to the marriage resides (Code of Alabama: Title 30- Chapters: 2-4 and 2-5).

Alabama has both the “fault” and “no-fault” divorce provisions. The circuit court has power to divorce persons from the bonds of matrimony, upon a complaint filed by one of the parties, entitled “In re the marriage of ……….. and ………. ,” for the causes following:

(1) In favor of either party, when the other was, at the time of the marriage physically and incurably
Incapacitated from entering into the marriage state.
(2) For adultery.
(3) For voluntary abandonment from bed and board for one year next preceding the filing of the
complaint.
(4) Imprisonment in the penitentiary of this or any other state for two years, the sentence being
for seven years or longer.
(5) The commission of the crime against nature, whether with mankind or beast, either before or
after marriage.
(6) For becoming addicted after marriage to habitual drunkenness or to habitual use of opium,
morphine, cocaine or other like drug.
(7) Upon application of either the husband or wife, when the court is satisfied from all the
testimony in the case that there exists such a complete incompatibility of temperament
that the parties can no longer live together.
(8) In favor of either party, when the other, after marriage, shall have been confined in a mental
hospital for a period of five successive years, if such party from whom a divorce is sought is
hopelessly and incurably insane at the time of the filing of the complaint; provided, however,
that the superintendent of the mental hospital in which such person is confined shall make a
certified statement, under oath, that it is his opinion and belief, after a complete and full study
and examination of such person, that such a person is hopelessly and incurably insane.
(9) Upon application of either party, when the court finds there has been an irretrievable breakdown
of the marriage and that further attempts at reconciliation are impractical or futile and not in the
best interests of the parties or family.

(10) In favor of the husband, when the wife was pregnant at the time of marriage, without his knowledge or agency.
(11) In favor of either party to the marriage when the other has committed actual violence on
his or her person, attended with danger to life or health, or when from his or her conduct
there is reasonable apprehension of such violence.
(12) In favor of the wife when the wife has lived, or shall have lived separate and apart from
the bed and board of the husband for two years and without support from him for two
years next preceding the filing of the complaint, and she has bona fide resided in this
state during said period (Code of Alabama: Title 30- Chapter: 2-1).

If either spouse has no separate estate or if it is insufficient for the maintenance of a spouse, the judge upon granting a divorce, at his or her discretion, may order to a spouse an allowance out of the estate of the other spouse, taking into consideration the value thereof and the condition of the spouse’s family.

Article Source: http://www.upublish.info

About the Author:
James Walsh
James Walsh is a freelance writer and copy editor. For more information about using online services to get a Divorce see http://www.quickie-divorce.com