Obtaining a divorce is almost always a difficult and complex process. This is especially compounded in the situation where the desire to divorce is not mutual between partners. In the event that one spouse wants a divorce but the other does not, is a divorce allowed? And how does the couple proceed? The answer to these questions depends largely on whether the couple lives in a "no-fault" divorce or a "fault" divorce state.

"Contested" vs. "Uncontested" Divorce

"Uncontested" Divorce”: The main feature of uncontested divorce is that both spouses are in agreement that there needs to be a divorce and are in general agreement to the terms. They need not show any breach of a marital contract or transgressions of the law. Alabama would require the filing spouse to state that the couple is "no longer compatible" or has "irreconcilable differences". The parties enter into a settlement agreement as the terms of the divorce.

"Contested" Divorce”: The filing spouse does not have to show that the other has committed some breach of the marriage and can just state that they are no longer compatible or irreconcilable difference, but this is also the time when many parties do file that there has been a serious breach by the other party. In this type of divorce, the spouse filing for divorce needs to show the other spouse was at fault in some way, either by breaching a marital contract or by certain actions, which may include:

a. Marital unfaithfulness (adultery)
b. Cruel treatment such as infliction of physical pain or emotional suffering
c. Deserting the other spouse for a period of time
d. Being imprisoned for a specified length of time

Depending on the complexity of the property issues this can be a long process.
It is during a contested divorce that you will find the issue of extended alimony payments, disputes involving retirement and investment accounts as well as other disputed property issues.
A dispute involving child custody almost always causes a divorce to become contested.
Sometimes these matters can be resolved through the use of a mediator and the parties never have to go to court.

Residency Requirement and Contestations
As with any civil litigation there are certain jurisdictional and residency requirements that must be met. There are however exceptions for certain military personnel as to residency requirements.