Alabama has been nicknamed the “Yellowhammer State” since the Civil War. And divorce in Alabama isn’t far from this title as it is conducted as a civil action with a plaintiff and a defendant.
Filing for divorce in Alabama requires one of the spouses to have been a bona fide resident of the state for at least six months. This must be alleged and proven.1
Alabama is a “no-fault” divorce state, wherein you don’t have to prove any wrongdoing, but you can allege an irretrievable breakdown of the marriage or incompatibility. Alabama divorce laws also allow fault-based divorce with grounds like adultery, abandonment, imprisonment, addiction, mental confinement, and impotence.2
Alabama is an equitable distribution state, and only property acquired during the marriage life is subject to the division after divorce. Spouses can agree on property division through a property settlement or use a judicial court process, which will use various factors to determine a fair distribution. The division may be affected by community property laws, individual contributions to the marriage, a spouse’s financial misconduct, and earning ability and needs following the Alabama divorce decree.3
1 Ala. Code 1975 § 30-2-5
2 Ala. Code 1975 § 30-2-1
3 Ala. Code § 30-2-51