Paige Elliott , P.C.

Alabama law provides many grounds for divorce. However, since the adoption of the concept of "no-fault" divorce by the Alabama Legislature in the 1970's, the grounds of incompatibility and irretrievable breakdown of the marriage are the most common bases for divorce in the state. Other grounds for divorce in Alabama include: Physical and incurable incapacity to enter into marriage, physical violence, adultery, voluntary abandonment for one year, imprisonment, conviction of a crime after marriage, habitual user of drugs, and confinement to a mental hospital. It is also grounds for the husband to divorce the wife if she is pregnant at the time of marriage without the knowledge or agency of the husband, and grounds for the wife to divorce if she has lived separate and apart from her husband without his support for two years. A Complaint for Divorce must allege one or more grounds, which the person filing for divorce (the "Plaintiff") must prove by testimony, either orally or in writing. Case law has established the type and amount of evidence necessary to prove a certain ground for divorce. Based upon our discussions with you and the information you provide to us, we will file the requisite legal documents with the court.