Grounds for Divorce

What are the legal grounds for obtaining a divorce in Alabama?

Grounds for divorce are considered fault or no-fault. Fault grounds for divorce may include adultery, abandonment, habitual drunkenness, cruelty, and use of addictive drugs.

A no-fault divorce is one in which neither the husband nor the wife officially blames the other for the breakdown of the marriage. Common grounds for a no-fault divorce are "irreconcilable differences, "irretrievable breakdown," or "incompatibility."

It is a general rule that divorces that allege fault grounds will proceed to trial, and that no-fault divorces are uncontested divorces.

Can Grandparents Get Custody in a Divorce?

My son and daughter-in-law are getting divorced, and neither one of them is fit to be a parent to their infant child. Can I talk to the judge and see if my husband and I can get custody?

You need to hire a lawyer and file to intervene in the divorce on the grounds that both parents are unfit and that their unsuitability for parenthood has overcome their prima facie right to custody. You will also need to allege that you and your husband are fit and proper persons to have custody of the child. If the parents do not consent to your having custody, be prepared for a trial.

Testifying Witness in a Divorce Trial

I am possibly being asked to testify in a divorce trial out of state. I have no information to offer. If I receive a subpoena, am I required to appear, or may I be deposed at home prior to the trial?

I would examine the subpoena to see who sent it, and then contact that lawyer and tell him/her that you have nothing to offer. He might just release you. If he still insists that you be there, ask that you be placed on call.