Are there any defenses to a divorce action?
In Alabama, there are certain defenses to a divorce action that can be used by either spouse. These defenses can range from a claim of adultery, to the marriage itself being void, to the other spouse failing to provide support. Adultery is seen as one of the most common and legally accepted grounds for divorce. In Alabama, even if only one spouse commits adultery, the other spouse is allowed to ask for a divorce. It can also be used as a defense if the other spouse accuses the defendant of adultery. In any case, the spouse must be able to provide evidence of the other spouse’s infidelity. Another defense is if the marriage itself is deemed void. A marriage can be void if it was never valid to begin with. This can be due to a condition such as one partner being underage when the marriage occurred, or if the wedding was not performed correctly according to the law. Additionally, if the other spouse fails to provide support, they may use this as a defense. This means that if one spouse is not providing financially for the other, such as if they are refusing to pay for health care or child support, the other spouse can use this as a defense in a divorce action. Overall, Alabama accepts certain defenses in divorce actions, which range from adultery to failing to provide support. The spouse must, however, be able to provide some form of evidence in order for them to be successful in their defense.
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