When can I get a divorce?

In Alabama, you can get a divorce if you and your spouse have both agreed to it and are filing a Joint Petition. In that case, you must have been a resident of the state for a minimum of 6 months before the petition can be filed. If you and your spouse are unable to come to an agreement, you may file an individual petition for divorce. In this case, the plaintiff (person filing the petition) must have been a resident of the state for a minimum of 6 months before the petition can be filed. The defendant (the person against whom the complaint is filed) must have been a resident of the state for at least 6 months before the petition is served on him or her. Alabama recognizes both fault-based and no-fault divorces. Fault-based divorces are those in which one spouse blames the other for the divorce, usually citing adultery, abandonment, or other instances of marital misconduct. No-fault divorces are based on irreconcilable differences or incompatibility. In addition to filing a Joint Petition or an individual petition for divorce, there are other requirements under Alabama law. You must also have grounds for the divorce, such as adultery, abandonment, or other “marital misconduct.” Additionally, you must live separately and apart from your spouse for at least one year before the divorce is finalized, or you must show that you and your spouse have attempted to reconcile but your efforts have failed. Once all of the requirements for a divorce have been met, you may file the paperwork in the appropriate court and begin the divorce proceedings.

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