How to File for Divorce in Alabama
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Divorce in Alabama can feel overwhelming—but understanding the process makes it far more manageable. Whether your case is uncontested (you and your spouse agree on everything) or contested (there are disagreements), the basic steps are the same.
Requirements to File for Divorce in Alabama
- Residency: At least one spouse must have lived in Alabama for six months before filing (Code of Alabama §30-2-5).
- Where to File: Divorce is filed in the Circuit Court of the county where either spouse lives.
- Grounds: Alabama allows both no-fault divorce (irretrievable breakdown, incompatibility) and fault divorce (adultery, abandonment, imprisonment, etc.).
Step-by-Step Process
Step 1: Prepare and Complete the Forms
Start with a Complaint for Divorce (sometimes called a Petition). Depending on your situation, you may also need a summons, vital statistics form, and a settlement agreement (for uncontested cases).
Step 2: File the Forms with the Circuit Court
Submit the completed paperwork to the court clerk and pay the filing fee (typically $200–$400 depending on the county). If you can’t afford the fee, you may request a waiver.
Step 3: Serve Your Spouse
Your spouse must be formally notified. Options include service by sheriff, private process server, or certified mail. If your spouse signs an Answer and Waiver, you may avoid formal service.
Step 4: Waiting Period and Response
Alabama law requires a 30-day waiting period before a divorce can be finalized. Your spouse also has 30 days to respond after being served.
Step 5: Settlement or Trial
- Uncontested: If you’ve reached agreement on custody, property, and support, submit your signed settlement. Many cases finalize without a hearing.
- Contested: If you can’t agree, the court will hold hearings and may schedule a trial.
Step 6: Final Judgment of Divorce
A judge issues a Final Judgment of Divorce, officially ending your marriage and setting orders for custody, property division, and support.
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FAQs
How long does a divorce take in Alabama?
The minimum time is 30 days, but contested divorces often take several months or more.
Is Alabama a no-fault divorce state?
Yes. You can file based on incompatibility or irretrievable breakdown without proving misconduct.
How is property divided?
Alabama uses equitable distribution—property is divided fairly, though not always equally. Judges consider factors like contributions to the marriage, earning capacity, and the length of marriage.
Is there a formula for spousal support?
No. Alabama courts do not use a formula for alimony. Decisions are made case by case.
Do I need a lawyer?
Not always. Many uncontested divorces proceed without attorneys. For complex cases, children, or major assets, legal guidance is recommended.
