Grounds for Divorce in Alabama: No-Fault vs. Fault-Based Options

Alabama is one of the states that still allows both no-fault and fault-based divorce grounds. The choice matters more than most people realize — it affects your timeline, whether you need a court hearing, and potentially how much property and alimony you receive.

No-Fault Grounds

Alabama offers two no-fault options under Alabama Code Section 30-2-1:

Incompatibility of temperament (Section 30-2-1(a)(7)) — The most commonly used ground for uncontested divorces. Both spouses acknowledge the marriage is no longer working. No evidence of wrongdoing is required.

Irretrievable breakdown (Section 30-2-1(a)(9)) — Similar to incompatibility, this establishes that the marriage is broken beyond repair and further reconciliation attempts would be futile.

Both no-fault grounds allow the case to be finalized without a court hearing in most uncontested cases. The plaintiff files notarized testimony (Form PS-09) and the judge reviews the paperwork. Faster, cheaper, and less emotionally charged.

Fault-Based Grounds

Alabama Code Section 30-2-1 lists multiple fault-based grounds:

• Adultery (Section 30-2-1(a)(2))
• Voluntary abandonment for at least one year (Section 30-2-1(a)(3))
• Imprisonment in the state penitentiary for two or more years with a sentence of seven or more years
• Commission of a crime against nature before or after marriage
• Habitual drunkenness or drug addiction contracted after marriage
• Confinement in a mental institution for five successive years, when the spouse is hopelessly and incurably insane
• Physical violence with reasonable apprehension of future violence
• Pregnancy at time of marriage unknown to the husband (if filed by the husband)

Fault grounds require proof — testimony, documents, or witnesses that establish the claimed misconduct.

Why Fault Grounds Still Matter

In an uncontested divorce, no-fault grounds are the default because they are faster and simpler. But in a contested case, alleging fault can significantly affect two outcomes:

Property division: Under Alabama Code Section 30-2-52, a judge may consider marital misconduct when distributing assets. Alabama follows equitable distribution — not 50/50 — and proven fault can justify awarding a larger share to the injured spouse.

Alimony: A spouse who committed adultery is generally barred from receiving alimony under Section 30-2-52. Even without adultery, proven misconduct affects the size and duration of support awards under the 2017 alimony reforms.

Alimony and the 2017 Reforms

The 2017 statutory reforms (effective January 2019) put strict limits on spousal support in Alabama:

• Courts must prioritize rehabilitative alimony — capped at five years — designed to bridge a lower-earning spouse to self-sufficiency
• Periodic alimony is limited to the length of the marriage (marriages under 20 years) or indefinite (marriages of 20+ years)
• The requesting spouse must prove they lack a sufficient separate estate, the other spouse can pay without undue hardship, and the award is equitable under the circumstances
• Alimony is non-deductible for the payer and tax-free for the recipient in all divorces finalized after January 1, 2019

Choosing Your Grounds

For an amicable, uncontested divorce: file on no-fault grounds (incompatibility or irretrievable breakdown). It avoids the burden of proof, eliminates most court hearings, and keeps the process private.

For a contested case where misconduct affects property or alimony: consider fault grounds. But weigh the cost — proving fault requires evidence and often extends the timeline.

The Alabama Divorce Filing Process Guide walks through the strategic implications of each ground and how to plead them correctly in Form PS-08. Get the complete guide.

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