Alabama permits both no-fault divorces (irretrievable breakdown or incompatibility) and fault-based grounds like adultery, abandonment, or cruelty, with courts deciding child custody, alimony, and property based on equitable principles rather than strict formulas. No major statutory changes occurred in 2026; residency requires six months prior to filing, and uncontested cases proceed faster than contested ones. Outcomes hinge on judicial discretion guided by the child’s best interests and marital misconduct evidence.​
Child Custody
Alabama presumes joint custody is ideal but awards sole or joint legal/physical custody evaluating factors like parental fitness, child preferences (age 14+), stability, and abuse history under the Uniform Child Custody Jurisdiction and Enforcement Act. Courts prioritize the child’s welfare over equal parenting time, often ordering parenting plans with mediation for disputes. No gender bias exists; fathers receive fair consideration absent unfitness.​
Alimony Decisions
Judges award alimony—periodic, rehabilitative, or lump-sum—considering need, ability to pay, marriage length, standard of living, fault (e.g., adultery bars awards to guilty spouse), age, health, and earning capacity; long-term marriages increase likelihood. Spousal support terminates on remarriage or cohabitation, with modifications rare post-final judgment unless substantial change occurs. Property division remains separate, equitably splitting marital assets without community property rules.​
Court Process
Filings occur in circuit court; 30-day waiting periods apply post-service, extendable to 60 days if children or alimony involved. Contested cases involve discovery, temporary orders, and trials; uncontested divorces finalize via affidavit if agreements exist. Appeals focus on legal errors, not dissatisfaction with equitable rulings.​
SOURCES
[1](https://www.alabamadivorceandfamilylaw.com/divorce/grounds-for-divorce/)
[2](https://law.justia.com/codes/alabama/title-30/chapter-2/article-1/)
[3](https://theroselawfirmllc.com/how-to-get-a-divorce-in-alabama/)
[4](https://www.divorcenet.com/states/alabama)
[5](https://alison.legislature.state.al.us/code-of-alabama?section=26-10E-2)
