Monday, 17 December 2012 11:09

Divorce

When a marriage ends, grounds for divorce must be proven in a court of law or agreed upon in a divorce settlement.

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The Alabama Marriage Protection Act defines marriage in Alabama as "a sacred covenant, solemnized between a man and a woman, which, when the legal capacity and consent of both parties is present, establishes the relationship as husband and wife." Marriage in Alabama forms a contract where the parties have certain rights such as fellowship, companionship, cooperation and comfort.

When a marriage ends, grounds for divorce must be proven in a court of law or agreed upon in a divorce settlement agreement. In Alabama, grounds for divorce are set forth in the laws of the State. There are two "no-fault" grounds for divorce, "incompatibility of temperament" and "irretrievable breakdown of the marriage". The common fault based grounds are physical and incurable incapacitation, adultery, abandonment, imprisonment, crimes against nature, habitual drunkenness or addiction, insanity, pregnancy at the time of marriage without the husband's knowledge, violence and reasonable fear of violence, and separation without support.

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