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Does It Matter Who Files First in a Divorce in Alabama?

Posted by Sam P. Dixon, III | Nov 01, 2023 | 0 Comments

 Does it matter who files first in a divorce in Alabama?

In Alabama, the concept of filing for divorce first is not typically a significant factor in determining the outcome of the divorce proceedings. Alabama is a "no-fault" divorce state, which means that a spouse can seek a divorce without having to prove that the other spouse did something wrong. Instead, the grounds for divorce in Alabama include incompatibility, voluntary abandonment for one year, imprisonment, adultery, or incurable insanity.

The court will consider various factors when making decisions about issues such as child custody, child support, alimony, and property division. These decisions are generally based on what the court deems fair and just, rather than on which spouse filed for divorce first.

It's important to note that while the timing of filing may not be a critical factor, other actions taken by either spouse during the divorce process can impact the final outcome. If you are going through a divorce in Alabama, call Dixon Law today at (205) 616-8896. We can provide guidance based on the specific circumstances of your case.

About the Author

Sam P. Dixon, III

Mr. Sam P. Dixon, III was born in Mobile, Alabama. The great-grandson of the Alabama Governor, Frank Dixon, Sam has come from a long family history of politics and the legal profession. Mr. Dixon always admired and respected the legal profession and aspired to help people obtain justice and fairn...


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