No one says “I do,” with the intent of engaging in any risky marital misconduct, but that doesn’t keep it from occurring. Marriage is what many consider to be a sacred bond in which an act of marital misconduct would be a breach of the trust and commitment created between a pair of people. Marital misconduct isn’t just an affair – it can be classified as anything that can cause the erosion of marriage.
In this blog we’ll discuss the different types of marital misconduct and the influence it can have on how alimony is determined in the midst of divorce. We’ll also discuss several marital transgressions that can be classified as both marital misconduct and grounds for divorce in the state of Alabama. Further, we’ll consider the necessary proof and other mitigating factors related to filing for a fault-based divorce. Let’s dive in!
Grounds For Divorce In Alabama
Technically every state is what’s called a “no-fault state,” meaning that there is no requirement for showing wrongdoing from either party in a marriage in order to file for divorce. However, divorce in some states, including Alabama, can be for fault and no-fault based reasons. The acceptable grounds for a fault-based divorce in Alabama can also be classified as “marital misconduct” and include the following:
- a physically/incurably incapacitated spouse at the time of the marriage
- adultery – voluntary sexual intercourse between someone who is married with someone else who is not his or her spouse
- addiction – for becoming addicted after marriage to habitual drunkenness or to habitual use of opium, morphine, cocaine, or other drugs.
- one party abandoning the marriage for at least 12 months
- a mental illness leading to the institutionalizing of one spouse for at least 5 consecutive years, who must also be incurably insane at the time of the divorce filing
- imprisonment for at least 2 years of imprisonment with a 7 year prison sentence
- a crime against nature, human or beast, before or after the marriage,
- a wife who was pregnant at the time of the marriage and didn’t tell her spouse. See (Ala. Code § 30-2-1 (a)(1-6)(8)(10-11).)
- physical violence – this is similar to the other fault grounds, however, you must prove that you were fearful for your life or health as a result of the violence from your spouse.
In addition to grounds for divorce, there are a few other requirements including a 30-day waiting period before a divorce can be final, and a residency for at least 6 months before filing.
Impact On Alimony Determination
While there aren’t specific guidelines for how alimony is awarded in the state of Alabama, a judge is ultimately the one to decide what is “fair,” based on a variety of factors. These factors are usually specific to what type of alimony is being awarded. There are three types of alimony in Alabama: interim, rehabilitative, and periodic. Each kind of alimony is awarded based on the following factors:
- Both parties age & heath
- The standard of living that was maintained by the couple during marriage
- Fault (marital misconduct)
- Both spouse’s potential employment prospects
- Whether either spouse contributed to the other’s education/ability to earn
- The extent to which one spouse may have reduced any income/career opportunities for the benefit of their spouse
- Whether either spouse was spending excessively
- Destruction, concealment, or fraudulent disposition of marital property
- Expenses related to domestic violence that led to a criminal conviction.
Based upon this list, marital misconduct – which can be grounds for a fault divorce – can have an impact on how alimony is determined. Therefore, if you or your spouse committed adultery, have a drug or alcohol addiction, a history of domestic violence, or one of the other previously mentioned situations, a judge could possibly award you, or require you to pay a lower or higher amount in alimony based upon that claim.
Burden Of Proof
There are fifteen states that are considered no-fault divorce states in which infidelity and other factors wouldn’t be considered, but Alabama remains both a no-fault and fault divorce state. Therefore, if you wish to file for a fault divorce, you will have to provide proof for the basis of your claim. For example, if your spouse cheated, you’d need a witness testimony, photographs, or other substantial evidence to back it up. A confession of infidelity from either spouse will not suffice. Proof is also required for all of the other grounds for a fault divorce mentioned above.
Case Of Marital Misconduct
A noteworthy case in which marital misconduct was an influencer of alimony, is the 1986 court case, Noah Vs. Noah, In this case, wife, Elizabeth Anne Noah was awarded both permanent and lump-sum alimony after the evaluation of a number of factors about her marriage to her husband Richard Alan Noah, one of which was his gross marital misconduct, a.k.a an adulterous affair. It’s important to note the mitigating factors involved in this case which also play a part in how alimony is awarded. For example, Elizabeth had bad health and a strenuous financial situation.
How Word Family Law Group Can Help You
If there was marital misconduct in your marriage, by your partner, or even yourself, Word Family Law Group can help you through the divorce and alimony processes. We will get to know your situation so that we can understand your needs and goals in order to craft a legal strategy that will help you achieve your ideal resolution. We know that ending your marriage isn’t an easy thing to do, especially if adultery, substance abuse, physical violence, or another extenuating circumstance was involved.
Our family law attorney, Christopher P. Word has 15+ years helping individuals who’ve experienced such difficulties. He is committed to using his skills and knowledge to offer compassionate legal service to every client. Call Word Family Law Group today to request a consultation and learn about your legal options for divorce and other matters.
Check out last month’s blog “How A Divorce Attorney Can Guide You Through The Divorce Process” to discover all the ways in which a divorce attorney can assist you through the process!
