(a) The circuit court has power to divorce persons from the bonds of matrimony, upon a complaint filed by one of the parties, entitled “In re the marriage of _____ and _____,” for the causes following:
(1) In favor of either party, when the other was, at the time of the marriage physically and incurably incapacitated from entering into the marriage state.
(2) For adultery.
(3) For voluntary abandonment from bed and board for one year next preceding the filing of the complaint.
(4) Imprisonment in the penitentiary of this or any other state for two years, the sentence being for seven years or longer.
(5) The commission of the crime against nature, whether with mankind or beast, either before or after marriage.
(6) For becoming addicted after marriage to habitual drunkenness or to habitual use of opium, morphine, cocaine, or other like drug.
(7) Upon application of either the husband or wife, when the court is satisfied from all the testimony in the case that there exists such a complete incompatibility of temperament that the parties can no longer live together.
(8) In favor of either party, when the other, after marriage, shall have been confined in a mental hospital for a period of five successive years, if such party from whom a divorce is sought is hopelessly and incurably insane at the time of the filing of the complaint; provided, however, that the superintendent of the mental hospital in which such person is confined shall make a certified statement, under oath, that it is his opinion and belief, after a complete and full study and examination of such person, that such person is hopelessly and incurably insane.
(9) Upon application of either party, when the court finds 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.
(10) In favor of the husband, when the wife was pregnant at the time of marriage, without his knowledge or agency.
(11) In favor of either party to the marriage when the other has committed actual violence on his or her person, attended with danger to life or health, or when from his or her conduct there is reasonable apprehension of such violence.
(12) In favor of the wife when the wife has lived, or shall have lived separate and apart from the bed and board of the husband for two years and without support from him for two years next preceding the filing of the complaint, and she has bona fide resided in this state during that period.
(b) When a judgment of divorce is entered, in effect, it is awarded to both parties to the marriage.
(Code 1852, §§1961-1963; Code 1867, §§2351-2353; Code 1876, §§2685-2687; Code 1886, §§2322-2324; Code 1896, §§1485-1487; Code 1907, §§3793-3795; Acts 1919, No. 584, p. 839; Acts 1919, No. 631, p. 878; Code 1923, §§7407-7409; Acts 1932, Ex. Sess., No. 41, p. 52; Acts 1933, Ex. Sess., No. 153, p. 142; Acts 1936-37, Ex. Sess., No. 211, p. 247; Code 1940, T. 34, §§20-22; Acts 1943, No. 463, p. 425; Acts 1947, No. 487, p. 336; Acts 1971, No. 222, p. 517; Acts 1971, No. 2272, p. 3662, §§1, 2.)
Notes of Decisions
Ladner v. Ladner, 436 So. 2d 1366 (Miss. 1983).
“Ala. Code § 30-2-1 (a)(6) (1975) (addiction to habitual use of opium, morphine, cocaine or other like drug); Me.”
Dubose v. Dubose, 132 So. 3d 17 (Ala. Civ. App. 2013).
· cites it 2× “See § 30-2-1, Ala.Code 1975. The new, “no-fault” grounds authorized a circuit court “to divorce persons from the bonds of matrimony, upon a complaint filed by one of the parties .”
Stringer v. Stringer, 689 So. 2d 194 (Ala. Civ. App. 1997).
· cites it 2× “Code 1975, § 30-5-1, which provides relief to "spouses [and] persons living in common-law marriage relationships" but not to persons merely cohabiting, that demonstrates public recognition of her marital state.”
James v. James, 764 So. 2d 549 (Ala. Civ. App. 1999).
· cites it 2× “Ala.Code 1975, § 30-2-1(a)(11), provides that a trial court may grant a divorce: "In favor of either party to the marriage when the other has committed actual violence on his or her person, attended with danger to life or health, or when from his or her conduct there is…”
Freddie Lee Scott v. Judge Wilson Hayes, 719 F.2d 1562 (11th Cir. 1983).
“Code § 12-11-30 (1975), and clearly had jurisdiction over divorce cases, Ala.Code § 30-2-1. Further, the circuit court has discretion over the division of the marital estate pursuant to a divorce proceeding.”
Mendia v. Encarnacion, 275 So. 3d 158 (Ala. Civ. App. 2018).
· cites it 4× “As to the jurisdictional basis for seeking a judgment of divorce, see generally Ala. Code 1975, § 30-2-1(a), the complaint alleged grounds under subsections (7) and (9) of that statute: "That there presently exists between the parties hereto such a complete and irrevocable…”
In re Marriage of Stuhr, 2016 IL App (1st) 152370 (Ill. App. Ct. 2016).
“So what I did was I downloaded this to Quicken as a spreadsheet 5 We note that, while in Illinois, a court enters a “judgment of dissolution of marriage” (750 ILCS 5/401(a) (West 2008)), in Alabama, where respondent’s first marriage ended, the court enters a “judgment of…”
In re Marriage of Stuhr, 2016 IL App (1st) 152370 (Ill. App. Ct. 2016).
“The divorce decree also awarded respondent his full ownership interest in 5 We note that, while in Illinois, a court enters a “judgment of dissolution of marriage” (750 ILCS 5/401(a) (West 2008)), in Alabama, where respondent’s first marriage ended, the court enters a “judgment…”
Faellaci v. Faellaci, 98 So. 3d 521 (Ala. Civ. App. 2012).
“However, once one party files for a divorce, and a new action is commenced, a trial court must operate pursuant to its authority under § 30-2-1, Ala.Code 1975 (granting a circuit court the power to divorce parties from the bonds of matrimony upon a complaint filed by one of the…”
Drescher v. Drescher, 621 So. 2d 304 (Ala. Civ. App. 1993).
· cites it 2× “” After living separate and apart for approximately six months, the wife, alleging that the husband was living with his paramour and was planning to remarry, filed for divorce a vinculo, pursuant to Ala.Code 1975, § 30-2-1. Following ore tenus proceedings, which included…”
Webb v. Webb, 950 So. 2d 322 (Ala. Civ. App. 2006).
“[2] See § 30-2-1(a)(7) and (9), Ala.Code 1975 (providing as grounds for divorce incompatibility of temperament and irretrievable breakdown of the marriage, respectively).”
— Ala. Code § 30-2-1(5) — 2 cases
— Ala. Code § 30-2-1(7) — 2 cases
— Ala. Code § 30-2-1(a) — 2 cases
Mendia v. Encarnacion, 275 So. 3d 158 (Ala. Civ. App. 2018).
“As to the jurisdictional basis for seeking a judgment of divorce, see generally Ala. Code 1975, § 30-2-1(a), the complaint alleged grounds under subsections (7) and (9) of that statute: "That there presently exists between the parties hereto such a complete and irrevocable…”
— Ala. Code § 30-2-1(a)(11) — 1 case
James v. James, 764 So. 2d 549 (Ala. Civ. App. 1999).
“Ala.Code 1975, § 30-2-1(a)(11), provides that a trial court may grant a divorce: "In favor of either party to the marriage when the other has committed actual violence on his or her person, attended with danger to life or health, or when from his or her conduct there is…”
— Ala. Code § 30-2-1(a)(2) — 3 cases
— Ala. Code § 30-2-1(a)(4) — 1 case
— Ala. Code § 30-2-1(a)(7) — 2 cases
Webb v. Webb, 950 So. 2d 322 (Ala. Civ. App. 2006).
“[2] See § 30-2-1(a)(7) and (9), Ala.Code 1975 (providing as grounds for divorce incompatibility of temperament and irretrievable breakdown of the marriage, respectively).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.