If you want to end a marriage in Alabama, you may pursue a fault or no-fault divorce. Under family law, fault divorces are filed on the grounds of a spouse’s misconduct, while no-fault divorces are filed on the grounds of irreconcilable differences. Here's what you should know about both approaches before attempting to end your marriage. 

What Is a Fault Divorce?

A fault divorce is based on one of the party’s specific actions. In the state of Alabama, individuals may pursue a fault divorce on the grounds of adultery, substance abuse, abandonment, institutionalization, incarceration, physical or emotional abuse, lack of physical intimacy, or inability to maintain employment. However, note this is not an exhaustive list. If you want to get divorced for a different reason, a family law attorney may be able to help. For example, Alabama courts will also grant fault divorces if the wife was pregnant at the time of marriage without the husband’s knowledge. 

To secure a fault divorce, you must provide sufficient proof of the transgression. Naturally, gathering such evidence can be a considerable amount of work. However, it may be worth it if the outcome will impact other aspects of the separation, like custody. 

What Is a No-Fault Divorce? 

Most divorces are filed on the grounds of no fault because it ensures much simpler proceedings. To secure a no-fault divorce, you have to tell the court that you and your suppose are incompatible or have experienced an irretrievable breakdown of the relationship. You do not have to provide proof of this breakdown, and your spouse does not have to agree. Naturally, if they contest, it will complicate the proceedings, but you will still be entitled to a no-fault divorce as long as you meet the minimum requirements. For example, at least one party must have resided in Alabama six months before filing, and there’s a 30-day waiting period before the divorce can be finalized.

If you intend on filing for divorce in Alabama, turn to the strategic team at Edmiston Law. Located in Scottsboro, this firm boasts more than two decades of experience resolving complicated family law disputes. Their divorce attorneys fight tirelessly on behalf of their clients when it comes to all aspects of separation, including child custody, asset division, and spousal maintenance. To learn more about their seasoned team, visit the website. To schedule an initial consultation, call (256) 259-0834 today.