When you are considering divorce in Alabama, you may come across the term “abandonment” as one of the legal grounds for ending a marriage. But what exactly does abandonment mean in this context? Is it enough for your spouse to move out? What if they stop calling or supporting you financially? As a divorce attorney and mediator practicing in Alabama, I often hear these questions.
Fault-Based Grounds for Divorce in Alabama
Alabama allows both no-fault and fault-based divorces. In a no-fault divorce, the parties usually cite “irretrievable breakdown” or “incompatibility of temperament” as the reason for the dissolution of the marriage.
But when a party alleges fault—such as adultery, violence, drunkenness, or abandonment—it can impact how the court views property division, alimony, or even child custody in certain cases.
Legal Definition of Abandonment in Alabama
Under Alabama law, abandonment can be a fault-based ground for divorce. Specifically, voluntary abandonment occurs when one spouse willfully and voluntarily leaves the marital home and refuses to return, without justification, for a continuous period of at least one year prior to the filing of the divorce.
In other words, it is not enough for your spouse to leave the house temporarily or due to a job relocation. To constitute legal abandonment in Alabama, the following elements generally must be present:
- Voluntary Departure: The spouse left on their own accord—not because they were forced out or asked to leave due to abuse, addiction, or other harmful behavior.
- Intent Not to Return: There must be a clear intention to end cohabitation with no effort to reconcile or resume the marital relationship.
- Lack of Just Cause: The departure must be unjustified. If the leaving spouse was escaping cruelty or unsafe conditions, it may not be considered abandonment under the law.
- One-Year Minimum: The absence must continue uninterrupted for at least 12 months before filing for divorce on this ground.
Abandonment vs. Separation
It is important to distinguish between abandonment and a mutual separation. If both spouses agree to live apart—temporarily or permanently—that does not meet the legal standard for abandonment. Likewise, moving out during a trial separation with the intention of working on the marriage does not constitute abandonment.
How Does Abandonment Affect the Divorce?
If abandonment is successfully proven, it may influence how the court decides certain aspects of the divorce, such as:
- Alimony: The abandoning spouse may be less likely to receive spousal support or may be ordered to pay more.
- Property Division: Fault can factor into how marital assets are distributed, though Alabama courts still aim for an “equitable” division.
- Custody: If a parent abandoned not only the marriage but also the children, it could affect custody decisions.
Do You Have to Prove Abandonment?
Yes—if you file for divorce on the ground of abandonment, you must present evidence to support your claim. This might include testimony, witness statements, correspondence, or other documentation showing that your spouse left without cause, did not intent to return, did not provide support, and has remained away for over a year.
However, many people choose to file under no-fault grounds to avoid the burden of proof and reduce conflict. In most cases, Alabama judges grant divorces based on a no-fault grounds unless there is a specific reason to enter the divorce on fault-based grounds.
Conclusion
Abandonment can be a valid reason for divorce in Alabama, but it has a very specific legal definition. If you are considering divorce and believe abandonment may be an issue in your case, it is important to talk to an experienced Alabama divorce attorney who can help you understand your rights, gather the necessary evidence, and decide whether filing on fault-based grounds is in your best interest.
If you have questions or would like to schedule a consultation, feel free to contact our office. We’re here to help you navigate this process with clarity and confidence.
Disclaimer
This blog is made available for general educational purposes only, not to provide specific legal advice. By using this blog site, you understand that there is no attorney client relationship between you and the attorneys at Rebekah L. Graham & Associates. The blog should not be used as a substitute for competent legal advice from a licensed attorney in your state.