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Free Divorce Forms and Free Divorce Papers for Alabama

Get your free divorce forms and free divorce papers for the state of Alabama. We will prepare a divorce petition just for you for your Alabama divorce.

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Alabama Residency and Filing Requirements

Alabama has certain residency requirements for filing a divorce action. If the residency requirements are not met, the court will not have jurisdiction to hear the case. The court will either not accept the case or will dismiss the case.

The residency requirements must be met when the case if first filed. If you don't meet the requirements, you must either wait until you meet the rule on residency or file your divorce in another state where you meet the requirements.

To file for divorce in Alabama, one of the spouses must have been a bona fide resident of the state for six months prior to the filing of the Complaint. This must be alleged in the Complaint and proven.

Alabama Grounds for Divorce

The first divorce form filed in the Alabama court - either a petition or complaint - must state the grounds for the divorce. The appropriate grounds for a Alabama divorce are either the grounds that both parties can agree on and can substantiate in a divorce hearing or which the filing party chooses to prove to the court.

The Alabama court has power to divorce a couple from their marriage on the following grounds:

No-Fault:
  1. Incompatibility of temperament that the parties can no longer live together.
  2. Irretrievable breakdown of the marriage and that further attempts at reconciliation are impractical or futile and not in the best interests of the parties or family.
  3. Voluntary abandonment from bed and board for one year next preceding the filing of the complaint.
Fault:
  1. A party being physically and incurably incapacitated from entering into the marriage state.
  2. Adultery.
  3. Imprisonment in the penitentiary of this or any other state for two years, the sentence being for seven years or more.
  4. Habitual drunkenness or to habitual use of opium, morphine, cocaine or other like drug.
  5. In favor of either party, when the other, after marriage, shall have been confined in a mental hospital for a period of five successive years, if such party from whom a divorce is sought is hopelessly and incurably insane at the time of the filing of the complaint; provided, however, that the superintendent of the mental hospital in which such person is confined shall make a certified statement, under oath, that it is his opinion and belief, after a complete and full study and examination of such person, that such person is hopelessly and incurably insane.
  6. In favor of the husband, when the wife was pregnant at the time of marriage, without his knowledge or agency.
  7. Domestic Violence or Abuse.
  8. In favor of the wife when the wife has lived, or shall have lived separate and apart from the bed and board of the husband for two years and without support from him for two years next preceding the filing of the complaint, and she has bona fide resided in this state during said period.

Filing Spouse's Title

In Alabama, the filing spouse is called the plaintiff.

Non-Filing Spouse's Title

In Alabama, the non-filing spouse is called the defendant.

Links for Alabama

Counties in Alabama

› Autauga

› Baldwin

› Barbour

› Bibb

› Blount

› Bullock

› Butler

› Calhoun

› Chambers

› Cherokee

› Chilton

› Choctaw

› Clarke

› Clay

› Cleburne

› Coffee

› Colbert

› Conecuh

› Coosa

› Covington

› Crenshaw

› Cullman

› Dale

› Dallas

› DeKalb

› Elmore

› Escambia

› Etowah

› Fayette

› Franklin

› Geneva

› Greene

› Hale

› Henry

› Houston

› Jackson

› Jefferson

› Lamar

› Lauderdale

› Lawrence

› Lee

› Limestone

› Lowndes

› Macon

› Madison

› Marengo

› Marion

› Marshall

› Mobile

› Monroe

› Montgomery

› Morgan

› Perry

› Pickens

› Pike

› Randolph

› Russell

› Shelby

› St. Clair

› Sumter

› Talladega

› Tallapoosa

› Tuscaloosa

› Walker

› Washington

› Wilcox

› Winston

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