Is Alabama a No-Fault Divorce State?
Every now and then one of my clients says something like “Alabama is a no-fault state, isn’t it?” I always reply, “it depends.” It depends on what you mean when you ask the question. If you’re asking whether Alabama requires that a person prove fault to obtain a divorce, the answer is no. Ala. Code 30-2-1 states the permissible grounds for divorce. In amongst the “traditional” grounds like adultery, abandonment, violence, and imprisonment lie the dual grounds of incompatible temperament and irretrievable breakdown of the marriage. Courts accept the testimony of either party that incompatibility exists, so there’s no longer a requirement that either party prove that either party is “at fault” to obtain a divorce. The corollary to this principle, of course, is that neither party can stop a divorce from occurring. They can slow it down, they can make it more unpleasant, and they can make it more expensive, but a spouse who’s determined to divorce can make it happen even if his or her spou
