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Could no-fault divorces get phased out in Alabama?

On Behalf of | Nov 30, 2023 | Family Law |

Unfortunately, many marriages are not destined to go the distance. If you want to get a divorce here in Alabama, you can choose either to get a no-fault divorce or a divorce based on multiple factors that prove fault on the part of your spouse. Currently, all 50 states have some form of no-fault divorce.

However, there is a concerning shift by certain groups and politicians, including the new Speaker of the House, Mike Johnson, to move to abolish no-fault divorces in the United States.

Could that affect Alabama couples seeking a divorce?

Alabama is not one of the trio of states (Louisiana, Arizona and Arkansas) that offer couples a choice of “covenant marriages.” Those types of unions are designed to make divorces much harder to obtain. But that doesn’t mean that the terms of divorces in the state could not one day be altered.

What would it mean to eliminate no-fault divorce?

Getting rid of no-fault divorces in Alabama would put a much greater burden on couples who wish to dissolve their marital unions. It also could push incompatible spouses to engage in deceptive practices to legally divorce. For instance, they might agree to falsely allege that one of the spouses cheated on the other. Alternatively, they could move to a different state that still allowed couples to file for and be granted a no-fault divorce.

Should separating couples be concerned about this possible change?

At this time, there is no need to proceed any differently with a no-fault divorce here in Alabama as there are no pending legislative changes on the horizon. But it is always prudent for those who may plan to end their marriages to keep up with any changes in the laws that could affect your rights and responsibilities in an Alabama divorce.