Legal Aspects of Divorce
Divorce is an increasingly common occurrence in
our society. Yet its effect on the parties, their prop-
erty and children can often be devastating. Once
entered, a Divorce Decree can establish the parties’
rights permanently. If you have decided to obtain
a divorce, you should consult your personal attor-
ney to assist you. Few lawyers consider themselves
marriage counselors, but they are concerned for
your well-being and how a divorce action affects
you. This brochure is an attempt to present you
with some issues involved in a divorce.
Grounds for Divorce
The basis or cause for which a court may grant
a divorce is commonly referred to as a “ground”
for divorce. There are many different grounds
for divorce in Alabama all of which are created
by statutes. The most commonly used ground is
incompatibility. In practice, it is ordinarily not dif-
ficult to convince the court that incompatibility
exists sufficient to dissolve the marriage relation-
ship. A divorce based on this ground is commonly
referred to as a “no fault” divorce. However, even
though a finding of fault is not necessary to the
court’s decision to grant a divorce, it is often an
important factor in such matters as child custody,
alimony, and division of property.
Other grounds for which divorce in Alabama may
be granted include: adultery, desertion, penitentiary
imprisonment for certain prolonged periods, addic-
tion to alcohol or drugs, mental incapacity, cruelty,
or conditions which existed at the time of the mar-
riage without the knowledge of the other party
such as pregnancy and incurable physical problems
which keep one spouse from entering into the nor-
mal marriage state.
Divorce by Default or Trial
Two common methods of obtaining a divorce are
by default or trial. A default divorce occurs when
the party against whom the divorce suit is brought
fails to respond within the time limit set by law.
If the defendant files a response to the complaint,
the case will be set for a trial. In this set