No fault divorce is a type of divorce that does not require one spouse to prove the other spouse caused the marriage to fail. In Alabama, no-fault divorces are recognized and can be granted when one party alleges that the marriage is “irretrievably broken”. This means that the couple has reached an impasse in their relationship and cannot reconcile their differences.
In order for a no fault divorce to be granted, both spouses must submit a statement supporting the claim that any efforts towards repairing the relationship have been unsuccessful. This statement must also include an agreement that both parties are ready to move forward with a divorce. The court will then review this statement and make a determination as to whether or not it meets the criteria for granting a no fault divorce.
No-fault divorces are typically less expensive and take less time than a fault-based proceeding because the court does not require spouses to demonstrate any wrongdoing on either side. This makes it easier for couples who have reached an impasse in their relationship but do not want to go through the lengthy process of proving fault in order to get divorced.
The two “no fault” grounds for divorce in Alabama are incompatibility of temperament and irretrievable breakdown. Incompatibility of temperament means that there has been an irreconcilable difference between spouses which has led them to reach an impasse in their relationship. Irretrievable breakdown means that there is no chance of reconciliation between spouses due to irreconcilable differences between them.
It is important for couples seeking a no-fault divorce in Alabama to understand all of their options before making any decisions about how they want to proceed with their case. It is also important for them to understand what types of evidence they may need in order to prove incompatibility or irretrievable breakdown if they choose this route over filing based on fault grounds such as adultery or abandonment. Additionally, couples should consult with an experienced family law attorney who can help guide them through the process and ensure they receive fair treatment from the court system throughout their case.
No matter what type of divorce you choose, it is important that you understand all your options before making any decisions about how you want to proceed with your case. A no-fault divorce may be right for some couples, but it is important that each spouse understands all of his or her rights before making any final decisions about how they want to proceed with their case.
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