Everything to Know About Divorce in Alabama
- Prerequisites
- How to file for divorce
- Cost of divorce & filing fees
- Property, assets & debt division
- Alimony
- Child support & custody
- Military divorce
- Separations and annulments
- E-filing
- After divorce
- Legal help and divorce resources
Before you begin a divorce in the state of Alabama, there are some laws and rules you must know. Here is the essential guide to divorce if you're filing in Alabama
Prerequisites for divorce in Alabama
Before filing, make sure you meet Alabama’s basic legal criteria:
Residency requirements
Alabama is a bit more lenient here than some states – if both spouses currently live in the state, there’s no length-of-residency requirement. If only one spouse lives in Alabama, they must have lived there for at least 6 months before filing.
Waiting period
There’s a 30-day mandatory waiting period after filing before your divorce can be finalized—even if it's joint or uncontested.
Grounds for divorce
Alabama recognizes both no-fault and fault-based grounds.
- No-fault: Used more commonly, due to incompatibility or irretrievable marriage breakdown.
- Fault-based: Cited grounds can include adultery, abandonment, imprisonment, domestic violence, addiction, or incurable mental illness.
Read more about costs of divorce in Alabama here
How to file for divorce in Alabama
Here are the steps you can expect in most Alabama divorces.
- File a Complaint: The spouse who is filing (the plaintiff) submits a Complaint for Divorce to the circuit court in the county where they live (or where your spouse lives).
- Serve the other spouse: The plaintiff must notify their spouse using one of Alabama’s approved methods—certified mail, personal service, or publication (if you can’t locate them).
- Response period: The other spouse (the defendant) has 30 days to respond.
- Court hearings: If uncontested, no appearance may be necessary. If contested (you are unable to reach a full agreement on all terms), you’ll attend hearings or a trial.
- Final Judgment: Once all issues are settled, the court issues a final divorce decree.
Even uncontested divorces require proper filing and documentation.
How much does it cost to get divorced in Alabama?
Divorce fees vary by county but usually fall between $200–$500. Additional costs may include:
- Service of process
- Mediation or parenting classes (if children are involved)
- Legal representation or expert fees
Can’t afford the fees? File for a waiver using this form: Alabama Affidavit of Substantial Hardship.
Property and debt division in Alabama
Alabama follows equitable distribution laws. That means marital assets and debts are divided fairly, although this does not necessarily mean 50/50.
Factors the court considers:
- Length of the marriage
- Contributions of each spouse (income, homemaking, etc.)
- Age, health, and financial circumstances
- Misconduct like infidelity (if relevant)
Separate property—like assets acquired before the marriage or through inheritance—may not be divided unless it was commingled.
Alimony (spousal support) in Alabama
Alimony can be awarded on a temporary or permanent basis, depending on financial need and marriage duration.
Judges consider:
- Each spouse’s income and future earning ability
- Standard of living during the marriage
- Contributions to career advancement or child-rearing
- Length of the marriage
There is no official alimony calculator. Awards are discretionary and case-specific.
Read more in-depth about spousal support in Alabama here
Child custody and support in Alabama
Custody
Courts prioritize the best interest of the child and may grant:
- Joint custody (both legal and physical)
- Sole custody to one parent with visitation for the other
Child support
Alabama uses the Income Shares Model, where both parents’ incomes are considered. Use the Alabama Child Support Calculator to estimate payments.
Factors include:
- Parent income
- Number of children
- Health insurance and childcare expenses
Military divorce in Alabama
If stationed in Alabama, a service member can file in the state. Military divorce follows federal protections under the Servicemembers Civil Relief Act (SCRA).
Legal separation and annulment
- Legal separation is an option in Alabama, You remain legally married but live separately. You can file a Complaint for Legal Separation.
- Annulments are only valid in extremely rare cases like bigamy, incest, underage marriage, or fraud. An annulment voids the marriage as if it never occurred.
Can you file for divorce online in Alabama?
Yes, Alabama supports e-filing in many counties through AlaFile. You may still need to attend hearings or submit notarized forms in person.
After divorce: what happens next?
Post-divorce steps may include:
- Name change: Can be included in the divorce decree, which is much easier than changing it after your divorce is finalized.
- Taxes: You’ll file as single starting the year your divorce is finalized
- Remarriage: Allowed any time after the final decree.
- Updates: Modify custody or support later if circumstances change.
- Wills, insurance, and beneficiaries: Review and update. See our full list here.
Legal help and resources
Divorce in Alabama can move quickly—sometimes in as little as 30 days if uncontested. But understanding the process, rights, and paperwork ahead of time can save you stress and expense. If your case is complex or contested, legal advice is strongly recommended.
