In Alabama, it is not required for both spouses to agree in order to get a divorce. The state allows for "no-fault" divorces based on an irretrievable breakdown of the marriage, as well as fault-based divorces due to grounds like adultery or abandonment.
However, whether both parties consent or not impacts the divorce process considerably.
No-Fault, Uncontested Divorces in Alabama
When both spouses agree that their marriage is irretrievably broken and they wish to divorce, they can file for an uncontested, no-fault divorce in Alabama.
In this situation, the divorce can be relatively straightforward since the couple is in agreement on ending the marriage.
The Requirements:
- One spouse must have been a resident of Alabama for at least 6 months before filing; and
- You must state that there has been an irretrievable breakdown of the marriage with no reasonable chance of reconciliation.
The couple must also agree on all divorce-related issues:
- Division of assets and debts;
- Child custody, visitation, and child support (if applicable); or
- Alimony.
When an agreement is reached on all terms, the uncontested divorce can be finalized relatively quickly, often within 1 to 2 months after filing.
The court does not make decisions on splitting property or determining custody/support; the terms the couple agrees to are simply approved and made legally binding in the divorce decree.
No-Fault, Contested Divorces in Alabama
However, even in a no-fault divorce where fault grounds are not alleged, the divorce becomes contested if the spouses cannot agree on terms such as:
In these cases, the divorce case will take longer to resolve through litigation or mediation.
Suppose the responding spouse does not acknowledge or respond to the initial divorce filing. In that case, the court may proceed to grant the requesting spouse a divorce after taking testimony about the irretrievable breakdown.
But all disagreements over property, support, custody, etc., will still need to be settled through further litigation or negotiation.
Fault-Based, Contested Divorces in Alabama
In Alabama, divorces can also be filed alleging fault grounds like adultery, abandonment, domestic violence, drug/alcohol addiction, imprisonment, etc. These fault grounds are listed under Alabama Code §30-2-1.
When fault is alleged and proven, it can impact the judge's decisions on alimony, property division, and child custody.
However, the other spouse does not have to admit fault for the divorce to proceed. If they deny the fault grounds, the case may become contested and require litigation and court rulings.
So, while mutual agreement would make the process simpler, even if spouses disagree on grounds or fail to respond, the court can grant a divorce if the filing spouse pursues it to trial and meets the legal standards of proof.
The Impact of Consent on Divorce Terms
While consent is not legally required to end the marriage in Alabama, whether both parties agree has a major bearing on how the divorce terms like asset division, alimony, child custody, and support are determined.
Uncontested Divorce Agreement
In an uncontested divorce, where the couple agrees on all terms upfront, their mutually agreed-upon settlement becomes part of the final divorce decree.
The judge does not decide the outcomes; they merely review and approve the terms negotiated by the spouses and their attorneys.
Lack of Consent = Court Decisions
However, when couples can't agree on key divorce issues, the decisions fall to the court after examining evidence, testimony, and making judgments based on state laws and the children's best interests.
Some examples include the following.
#1 — Asset Division
Alabama is an "equitable distribution" state, so if divorcing spouses disagree, the judge splits the marital property and debts in an equitable (not necessarily 50/50) manner based on factors like each spouse's financial situation, earning potential, and financial/non-financial contributions during the marriage.
#2 — Alimony
The amounts awarded in permanent or temporary alimony/spousal support depend on the financial resources of both parties, earning capacities, length of the marriage, financial misconduct by either spouse, and other criteria in Alabama's alimony statute.
If spouses cannot agree, the judge decides based on the evidence.
#3 — Child Custody/Support
Alabama courts decide physical custody, legal custody, visitation schedules, and child support payment obligations based on a legal analysis of the children's best interests.
Factors like each parent's living situation, income, relationship with the kids, ability to care for them day-to-day, and more impact the court's custody determination.
So, in cases with disputed terms and lack of spousal consent, the divorce becomes more adversarial in nature, with each side advocating for their desired outcomes until the court issues binding rulings.
Divorce Mediation as an Alternative Path
For many couples struggling to agree on divorce terms, mediation provides a less adversarial path to resolve disagreements amicably before resorting to court.
In Alabama divorce mediation:
- A neutral third-party mediator meets with the spouses to negotiate compromises on conflicting issues;
- All topics like asset splits, alimony, custody schedules, and support can be mediated;
- If agreements are reached, the mediated settlement is drafted into a binding legal contract approved by the court;
- Mediation avoids the higher costs and unpredictability of divorce trials; and
- It allows couples to stay in control of outcomes rather than relinquishing decisions to a judge.
While mediation is often attempted early in a divorce case, it can be pursued at any point before trial when spouses are unable to agree on remaining issues.
A skilled divorce mediator facilitates discussion and compromise to help ensure that both parties' interests and concerns are addressed.
Get Expert Guidance on Divorce in Alabama
If you are contemplating divorce in Alabama and have questions about the process, asset division, child custody, or other concerns, the experienced divorce attorneys at Baxley Maniscalco would be happy to assist you.
Our legal team can advise you on the most strategic steps to take to protect your rights and advocate for your best interests, whether the divorce is contested or uncontested.
Contact us today to schedule a consultation and get an ally on your side.