What are the most common claims for divorce?
According to Marriage.com, the most common reasons for divorce include infidelity, money issues, lack of communication, abuse, and more. Whatever your reason for wanting a divorce, you’ll have to convince the courts that your reasons are well-grounded.
In Alabama, you can file for either a no-fault divorce or a fault-based divorce. According to DivorceNet, no-fault cases don’t require proof of why the marriage should end. However, fault-based divorces in Alabama are much more complicated and require proof of one or more of the legally accepted grounds for divorce.
What are the legal grounds for divorce in Alabama?
If you’re going the no-fault route, the most common claims for divorce are irreconcilable differences, incompatibility, or irretrievable breakdown of the marriage. Usually, making these claims is enough to convince the judges that you merit a divorce.
If you’re wanting to pursue a fault-based divorce, things are going to be more complicated and require a much higher burden of proof. To convince the court to take your side in a fault-based divorce case, you’ll need to prove one or more of the following legal grounds for divorce in Alabama:
- A spouse being physically and incurably incapacitated at the time of the marriage
- A spouse committing adultery
- A spouse engaging in habitual drunkenness
- Abandonment of the marriage for a period of at least 12 months
- A mental illness that caused a spouse to be institutionalized for at least 5 consecutive years and the spouse being incurably insane at the time of the divorce filing
- A spouse being imprisoned for at least 2 years, with a sentence of at least 7 years in prison
- A spouse committing a crime against nature, human or beast, before or after the marriage,
- A wife was pregnant at the time of the marriage and didn’t tell her spouse.
- Violence or cruelty in the marriage or either spouse having a history of violence
Which type of divorce should you file for?
Deciding on whether you should file for uncontested or contested divorce usually depends on what kind of burden of proof you have. Finances are also something to consider, as contested divorces are often lengthier and more expensive than uncontested cases.
How can a divorce lawyer help?
No matter how valid you think your claims are, it’s likely that your spouse will contest your claims and hire a lawyer to back them up. You need to have outstanding legal representation to ensure that your case is heard fairly, and that justice is served accordingly. Decisions in a divorce court can affect your marital and pre-marital assets, rights to see your children, financial security, and much more. Make sure that you get the case results you deserve by hiring a legal team who really cares!
Whether you’re considering filing for divorce, or are already in the middle of the proceedings, The Zwiebel Law Firm is here to help simplify your case and move things forward. We give you the personal attention that ensures your case is heard. Give us a call at (205) 623-1001 or contact us online today.
The Zwiebel Law Firm, LLC
826 Columbiana Road
Birmingham, AL 35209
Phone: (205) 623-1001