Irretrievable Breakdown of the Marriage In Alabama

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A no-fault divorce occurs in the state of Alabama when the divorce is not directly the fault of either spouse. The state of Alabama recognizes several grounds that are considered no-fault divorces. One of these grounds is the irretrievable breakdown of a marriage. The definition of “irretrievable breakdown” can be a bit unclear for individuals who are not familiar with divorce law, which is why an experienced Birmingham divorce attorney can prove essential in such situations. In the state of Alabama when a marriage has broken down to the point where the marriage will no longer continue, it frequently helps for individuals to understand some essentials about the nature of divorces due to an irretrievable breakdown.

Alabama Law Regarding Irretrievable Breakdown of the Marriage

The state of Alabama recognizes irretrievable breakdown of a marriage as a no-fault ground. No definition of what exactly constitutes an irretrievable marriage, however, exists. Courts in Alabama have held that a marriage is broken to the point of being “irretrievable” when at least one party believes that the discord between the parties has reached such a point that the chances of reconciliation or recovery of the marital relationship. Given the lack of ways to measure precisely when a marriage has irretrievably broken down, courts often decide whether a marriage is irretrievably broken by examining all relevant facts and circumstances.The Alabama statute does note that in irretrievable breakdowns, any attempts at reconciliation in the marriage do not work and that is not in the best interests of the spouses to remain together.

Only One Spouse Need File For Divorce

It is worth noting that only one spouse needs to feel that the marriage is irretrievably broken in order to commence a divorce. Either spouse may file for a divorce based on an irretrievable breakdown. Once the divorce is initiated, a couple will still need to resolve the same issues as any other divorcing spouses including property division, child custody, child support, and spousal support.

The Effect Of Irretrievable Breakdowns On Property Division

Courts in the state of Alabama consider the fault of spouses when dividing property during a divorce. Because a no-fault divorce is the fault of neither spouse, however, courts often do not analyze the fault of either spouse when determining property division.

The Ways That An Experienced Birmingham Divorce Attorney Can Help

There are some advantages for couples who decide to utilize a no-fault divorce. No-fault divorces are often quicker and less expensive than fault-based divorces because parties are not required to go to trial to demonstrate the cause of the divorce. It is important to analyze the various advantages and disadvantages to both types of divorce prior deciding how to proceed with a case.

No matter if your divorce is fault based or due to the irretrievable breakdown of the marriage, a top Birmingham family law attorney at Eversole Law LLC can be helpful to make sure the divorce process proceeds smoothly and that all essential issues concerning the divorce are adequately covered.

We serve the following localities:

Birmingham, Jefferson County including Bessemer, Homewood, Hoover, Irondale, Leeds, Mountain Brook, Trussville, and Vestavia Hills, Shelby County (including Pelham, Alabaster, Chelsea, Calera), Tuscaloosa, Auburn, Huntsville, Calhoun County including Anniston, Etowah County including Boaz and Gadsden, Cullman County including Arab and Cullman, Madison County including Huntsville and Madison, Montgomery County including Montgomery, and all of Alabama.

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