Important Information About Divorce in Alabama

What is the waiting period for divorce in Alabama?

30 days after filing.

Do you need to be separated before filing for divorce in Alabama? If so, how long?

No.

How does Alabama look at property? (e.g., separate property / equitable property)

Alabama is an equitable property state.

What is the Alabama Divorce Filing Fee?

Varies by county – $200-$500.

Is Joint Petition in Alabama possible?

Yes.

How do you waive filing fee?

Fill out this form: https://judicial.alabama.gov/docs/library/rules/crc10.pdf

What are the annulment rules in Alabama?

Bigamy, Incest, and one spouse is under the age of 14. (Source)

Is there a faster way to divorce in Alabama?

Uncontested divorce can be completed in about 30 days, plus court processing time. (Source)

What are the parties divorcing in Alabama called?

Plantiff and Defendant

What are the methods of serving the Petition (or equivalent) in Alabama?

 In person; by mail; by publication

What are the residency requirements for divorce in Alabama?

• Both currently residents of Alabama: no reqire
• If only the plaintiff is a resident of Alabama, other spouse lives in another state: plaintiff must have been a resident for at least 6 months before filing for the divorce

Only the defendant is a resident of Alabama: divorce can be filed at any time.

Does it matter who files for divorce in Alabama first?

No

What is the deadline for the Response (or equivalent) in Alabama?

30 Days

Are the parties required to go to court in Alabama? Describe

No - if uncontested

Are there requirements before you can file or finalize your divorce in Alabama (like classes, etc)

No

Is separation required before you can finalize your divorce in Alabama?

No, but sometimes a judge will enforce temporary separation orders before they will grant the divorce.

Is Alabama a No-fault state?

Both/either

If fault, what are the grounds?

The most commonly used grounds: incompatibility. also can be: adultery, desertion, penitentiary imprisonment for certain prolonged periods, addiction to alcohol or drugs, mental incapacity, cruelty, or conditions which existed at the time of the marriage without the knowledge of the other party such as pregnancy and incurable physical problems.
https://www.alabar.org/assets/2014/08/divorce_english.pdf

Is there Permanent Alimony/spousal support in Alabama?

Yes - Both permanent and temporary

What are the Alimony/Spousal Support Rules in Alabama?

The award of alimony and its amount are completely discretionary with the court which considers such factors as the length of the marriage and the age, earning capacity, health, conduct, education, and income of each of the parties. Alimony is separate and apart from any property division between the parties. However, as a practical matter, there is often a relationship between the two issues, since some of the same factors are used as guides to property settlements.

What are the Child Support Rules in Alabama?

"Income Shares Model." https://www.divorcenet.com/resources/divorce/divorce-and-children/child-support-alabama.htm

Are there Military Divorce Rules in Alabama?

Must be an Alabama resident. Being stationed there does not count

Is there an official Alabama spousal support calculator? If yes, link

No

Is there an official Alabama child support calculator? if yes, link

https://www.alacourt.gov/docs/Alabama%20updated%20schedule%202008.1.pdf

When are you able to file taxes in Alabama as a single person? 

Same year as finalized divorce https://revenue.alabama.gov/individual-corporate/individual-income-tax/filing-statuses-for-individual-tax-returns/

Can parties legally separate in Alabama? If so, how?

Yes - You can file a complaint for legal separation in Alabama, just like a complaint for divorce. One spouse needs to meet a six-month residency requirement, and one or both spouses must want to live separately. You must file the legal separation complaint with the court and pay the filing fee.

Where do you file for divorce in Alabama? (e.g., resident county, etc.)

In the circuit court of the county in which the Defendant resides, or in the circuit court of the county in which the parties resided when the separation occurred, or if the defendant is a nonresident, then in the circuit court of the county in which the Plaintiff resides. In an uncontested divorce, both parties may file in any county they choose.
https://www.hg.org/divorce-law-alabama.html

What are the Alabama rules for filing in this place?

To file for divorce in Alabama, one of the spouses must have been a bona fide resident of the state for six months prior to the filing of the Complaint. This must be alleged in the Complaint and proven. You must cite legal grounds for divorce in the complaint. The Plaintiff is required to provide the Defendant with a copy of the Complaint.
https://www.hg.org/divorce-law-alabama.html

What are the primary documents generated for Alabama divorce called?

Complain for Divorce or Petition for Dissolution of Marriage (uncontested/joint), Summons, Acceptance of Service, Financial Affidavit

Can you change your name during the Alabama divorce process? If so, how?

Yes, submit this form with your final divorce paperwork: https://eforms.alacourt.gov/media/jtzbncuw/request-to-change-name.pdf

Can you finalize your Alabama divorce while pregnant? If yes, how?

Techincally yes, but a judge is unlikely to sign off on your divorce until after the child is born.

If you can't divorce while pregnant, what are the rules to get a divorce after pregnancy?
"Info on ending domestic partnerships

N/A

(formerly ""Can you end an Alabama domestic partnership at the same time as divorce"")

It's unclear if Alabama even recognizes them legally, but if so it looks like there is a form to declare the end of the divorce process and include it in your divorce paperwork.

Are financial disclosures required in Alabama divorce? If so, explain

Your county may require them, yes. It's common but not mandatory state-wide.

Is there free legal help for divorce in Alabama? If so, where and how do you access?

https://www.alabamalegalhelp.org/issues/families-and-children/divorce

Is there common law marriage in Alabama?

No common law after Jan. 1, 2017, however, common law marriages entered into prior to that date are recognized -- https://www.ncsl.org/research/human-services/common-law-marriage.aspx

Is there E-Filing in Alabama?

Yes, you can file for divorce online in Alabama by registering as a pro se individual with AlaFile.

Is Court Required in Alabama?

No

Are you required to appear in an Alabama court at any point in the divorce process?

Depending on local court practices, you might not have to attend a hearing to finalize your uncontested divorce in Alabama. If all of your papers are in order, you have to wait at least 30 days after filing for an uncontested divorce before the judge will sign your final divorce judgment.

Marriage & Divorce Laws in Alabama

Alabama Finances, Property and Support

Other Important Topics about Divorce in Alabama