Grounds for Divorce in Alabama

When we envision marriage many of us may think of the passionate phrase, “Till death do us part.” However, for some of us, that fairytale image of a romantic marriage is parted while we are still alive and kicking. This brings us to the topic of divorce and the legal reasons, or grounds, for obtaining one. No matter the cause for a dissolved marriage and the desire to divorce, in the eyes of the law the matter is separated into two categories: no-fault-based, where no proof is needed, and fault-based, where proof is needed to support your claim/argument for a divorce.

Is Alabama A No Fault State?

Perhaps the most common form of divorce that many couples take, the title implies it all. This form of divorce typically revolves around incompatibility or irreconcilable differences, with both terms being interchangeable to support the same logic that it just isn’t working anymore. When going forward with a no-fault divorce, both spouses can submit a statement supporting the claim that any efforts towards repairing the relationship are futile. Despite no evidence being needed, it is best to keep in mind fault when assets are being divided and/or children are to be considered. This is where an excellent divorce lawyer in Madison county will step in and battle for the belongings you deserve.

Fault-Based Grounds for Divorce in Alabama

Fault-based divorces will require evidence, which can be tricky in some cases, that support your desire to divorce your spouse.

In Alabama, the standard grounds for a fault-based divorce include: Adultery, habitual drunkenness, drug addiction, emotional abuse, physical abuse, abandonment, imprisonment, inability to maintain employment and lack of physical intimacy.

The list above is certainly not all-inclusive, but if preparing to go forward with any of the claims mentioned you should be prepared to supply evidence to support your claims. In a case like adultery, something secretive in nature, this can be difficult to accomplish despite having that intuitive feeling that something just isn’t right. In other cases like abandonment or imprisonment, the evidence is rather simple and straightforward to supply. If children are involved, we can also help with custody arrangements and support payments. No matter the grounds for divorce, no-fault based or fault-based, consider meeting with a licensed professional here in Huntsville so the most advantageous course can be pursued.


A respected Huntsville family law attorney with more than 20 years’ experience, Leigh Daniel is known for her positive attitude and her skills in the courtroom. She prides herself in the care and compassion that she and her team put into every case. Her goal is to instill a sense of confidence in her clients so they know success is on the horizon. As an author, inspirational speaker, coach, and founder of Project Positive Change, Leigh stays focused on the positive impact she can make on every client’s case.