Divorce Law in Alabama

Divorce Law in Alabama

If a marriage cannot be annulled, the only way to terminate it is by death or divorce. There are several grounds for divorce, at least one of which must be alleged and proven. Among them are the "no-fault" grounds: incompatibility of temperament and irretrievable breakdown.

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Alabama Annulment Law

Divorce is the legal process by which a marriage is terminated. An annulment, on the other hand, is a legal declaration that the marriage never existed in the first place. Only certain circumstances affecting the validity of a marriage can qualify it for annulment.

For example, any marriage in which one party was under fourteen years old is voidable, as is a marriage in which a party was coerced by duress or undue influence. If one party was already married at the time of the marriage, the marriage is voidable.

How is property divided in an Alabama divorce?


Any assets or liabilities held by the parties will be deemed "separate" property, which remains the property of the party in ownership, or "marital" property, which is subject to division. Generally, if one of the parties owned the property before the marriage, it will be deemed "separate," unless it was regularly used for the common benefit of the parties. If it was, it becomes marital property.

The court will divide marital property by "equitable distribution." Put simply, it must distribute the property according to what it deems to be fair. That does not mean that property must be distributed equally. The court will consider a number of factors in its decision, including any misconduct of the parties. The final distribution of property can be very lopsided.

How will custody be decided in an Alabama divorce?

Child custody is often the most hotly contested issue in a divorce. For a brief summary of Alabama custody law, visit our Child Custody page.

Alabama Divorce Attorneys

We feature a team of family law attorneys who fight for our clients' interests and have experience working closely with the local family court community. Make no mistake, it's our job to aggressively advocate for our clients, and we take that job very seriously. We offer in-person consultations with our attorneys, and look forward to your call.