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Is Alabama an “at-fault” divorce state?

August 13, 2015

When regarding divorce, Alabama is both an at-fault state (meaning one spouse is culpable) and a no-fault state (meaning neither party is culpable). There are several grounds for an at-fault divorce, and when a party is found at fault, the judge has the discretion to compensate the non-fault party in several ways is they so choose. There are also several defenses to protect you in an at-fault divorce as well. In a no-fault divorce, neither party is deemed culpable. It simply means that the marriage did not work.

Alabama also gives the option of legal separation. This is for parties that are not co-habitating, and while they may not be ready for a divorce yet, they can separate and legally put into place conditions to protect things such as: their current assets, future assets that may be acquired and custody arrangements.

If you are experiencing a divorce or a separation, our experienced attorneys at Hodges Trial Lawyers can explain your options and help guide you through the process.