That the bonds of matrimony have been irretrievably broken; ?
There exists an incompatibility of temperament between the parties, or ?
This means that the “fault” of one of the parties in destroying the marriage is not an issue in the divorce.An “uncontested divorce” is simply a no-fault dissolution where the spouses agree on the terms of the divorce (child custody, property division, etc.).If the parties agree to "no-fault" grounds but cannot agree on terms, the divorce is considered "contested". Living separate and apart, without cohabitation for over two (2) years prior to filing of divorce without the benefit of support from husband, and wife is a bona fide resident of Alabama (Applicable to wife); ?In the instance a spouse makes a claim for a breakdown of the marriage against the other, a "ground" or reason is necessary for the divorce. Imprisonment, if for over two (2) years of a total sentence not less than seven (7) years; ?There is no legal provision in Alabama for a summary divorce; generally applicable to divorcing couples who generally have no children and minimal property, assets and debts.
Additionally, specific evidence must be presented at a court hearing to support a default judgment for a divorce case under Alabama civil procedures.
While the court generally looks favorably upon voluntary measures such as mediation, counseling, parenting education, and other alternative dispute resolution techniques; there is no legal provision in Alabama that require either party to engage in such services prior to filing a complaint or receiving a judgment of divorce.
An acceptance and waiver of service is allowed if signed by the defendant and a credible witness.
To justify a cause for divorce, a person must demonstrate one or more conditions exist from the following set of recognized judicial reasons, before the State of Alabama may grant a decree of divorce. Commission of crimes against nature, or other unnatural sexual behavior, before or after the marriage; ? Insanity, confinement to a mental institution for a period of not less than five (5) successive years, and a qualified determination there is no hope of recovery; ?
Pregnancy, wife pregnant by another at the time of the marriage without the husband's knowledge; (Applicable to husband) ?
While a legal separation often includes a physical separation of households, it is not required; nor does it terminate the marital relationship.