(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.
Structure Code of Alabama
Title 30 - Marital and Domestic Relations.
Chapter 2 - Divorce and Alimony.
Article 1 - Divorce From Bonds of Matrimony.
Section 30-2-1 - Grounds; Jurisdiction for Proceedings; Divorce Judgment Awarded to Both Parties.
Section 30-2-3 - Divorce to Be Refused Where Collusion Between Parties, Condonation, Etc.
Section 30-2-4 - Where Complaint to Be Filed.
Section 30-2-5 - Residency Requirement for Plaintiff When Defendant Nonresident.
Section 30-2-6 - When Husband or Wife May Sue or Defend in Own Name.
Section 30-2-7 - Answer of Defendant Not Required to Be Sworn; Effect of Answer.
Section 30-2-8 - Proceedings Generally; Right of Remarriage.
Section 30-2-11 - Wife May Be Enjoined From Use of Given Name or Initials of Divorced Husband.
Section 30-2-12 - Divorce for Pregnancy of Wife at Time of Marriage Bastardizes Issue.