Like most states, Alabama does not require that a party establish fault in order to obtain a divorce. There are two separate sections of the Alabama Code that provide for no-fault divorce. In most instances, plaintiffs reference both sections in their complaints for divorce. The sections are as follows:
- Incompatibility of Temperament
Section 30-2-1(a)(7) provides that a divorce may be granted upon application of either the wife or husband when the court is satisfied from all of the testimony that there exists such a complete incompatibility of temperament that the parties can no longer live together.
- Irretrievable Breakdown
Section 30-2-1(a)(9) of the Alabama Code provides that a divorce may be granted upon application of either part, when the court finds that there has been an irretrievable breakdown of the marriage and that further attempts at reconciliation are impractical or futile and not in the best interests of the parties or family.