When you decide to file for a divorce here in Alabama, there are almost mixed feelings of anxiety and emotions. However, before you move ahead with this divorce, you need to know about the legal grounds based on which you can take this crucial step that can also affect your marital estate distribution.
At the Harris Firm, they understand how overwhelming this entire proceeding will be, and how they treat their clients with compassion. They have the best divorce attorney Birmingham, who can help you whether you both have come to a conclusion or you have still not agreed upon anything.
Grounds For Filing a Divorce:
Alabama has both fault-based and non-fault-based grounds for filing a divorce. In case of fault divorce, you can claim that your spouse is at fault whereas, in the non-fault ones, you can claim that both the parties have agreed that the marriage is not working and is over.
No-fault Grounds
Most of the cases are said to be filed based on no-fault grounds. So, if you want to file for a divorce based on no-fault grounds then there are three options here that you can allege in the paperwork:
- You and your spouse are unable to live together. There is no chance of retrieving this marriage
- You and your partner are not compatible to live with each other. Both of them have different values or behavior that cannot let them get along. This makes it difficult for them to live with each other.
- You and your partner have willingly ready to abandon the marriage.
Here both have decided to not argue in this divorce and have agreed that this marriage cannot be fixed.
Fault-based Grounds
There are at times when you want to prove that it is your spouse’s fault that your marriage needs to end. You may have to prove it to the court of law. Here are the claims that you can do:
- One of the spouses has abandoned the other with no intent to return. This can be shown that they both live in different residences and are failing to engage with each other.
- Adultery can also be one cause where one spouse is engaged in sexual intercourse with the other individual out of marriage.
- Imprisonment is another reason for legal divorce. If one of the spouses is imprisoned for two years or longer, then the other spouse can ask for divorce on these grounds.
- Cruelty is one reason for the divorce.
This includes physical or emotional suffering which one spouse is going through because of the other
If you going through this, it is beneficial to take attorney help to file for divorce.