Going through a divorce in Alabama can be emotionally difficult, but having a clear understanding of the process helps reduce uncertainty. This guide walks you through the major steps, from meeting residency requirements to receiving your final divorce decree. Whether you’re in Birmingham, Montgomery, Huntsville, or a smaller town, the procedures remain largely the same statewide.
Residency Requirements in Alabama
To file for divorce in Alabama, one spouse must have lived in the state for at least six months prior to filing. The divorce is typically filed in the county where the other spouse lives, or where the couple last lived together. Failing to meet residency rules can delay or invalidate the case, so verify your eligibility before filing.
Grounds for Divorce
Alabama allows both no-fault and fault-based divorce. The most common ground is incompatibility or irretrievable breakdown of the marriage. Fault-based grounds include adultery, imprisonment, drug or alcohol abuse, abandonment, and domestic violence. These can influence property division, custody, or spousal support.
Filing for Divorce
The process begins when one spouse (called the plaintiff) files a Complaint for Divorce in circuit court. Along with the complaint, you must submit financial affidavits, a child support guidelines form (if applicable), and other local documents. Once filed, the court issues a case number and assigns a judge.
Serving the Other Spouse
After filing, the other spouse (the defendant) must be served with the paperwork. This can be done by certified mail, sheriff, or private process server. The defendant then has 30 days to respond. If they do not respond, the plaintiff may request a default judgment.
Temporary Orders During the Process
Either spouse can request temporary orders for child custody, support, or possession of property. These orders stay in effect until the case is finalized or modified. They provide structure and help prevent conflict during the waiting period.
Property Division in Alabama
Alabama is an equitable distribution state. This means property and debts are divided fairly, not necessarily equally. Courts consider factors such as the length of the marriage, each spouse’s contributions, earning potential, and fault. Separate property, such as pre-marital assets or inheritances, is usually excluded.
The judge is not required to split assets 50/50. Fairness is the standard—not equality.
Spousal Support (Alimony)
Spousal support may be awarded based on need and ability to pay. Factors include duration of the marriage, age and health of each spouse, and standard of living. There are different types of alimony: temporary, rehabilitative, and permanent. Courts avoid permanent alimony unless the marriage was long and one spouse is financially dependent.
Child Custody and Support
Child custody decisions in Alabama are based on the best interests of the child. Courts may award joint or sole custody depending on parental cooperation and stability. Child support is calculated using a set formula, which takes into account income, number of children, healthcare costs, and daycare expenses.
Finalizing the Divorce
If the parties reach agreement on all issues, the judge may issue a Final Decree of Divorce without a trial. If there is disagreement, the court will hold a hearing or trial to resolve the contested issues. After all rulings are made, the decree is signed and filed—officially ending the marriage.
- File in the correct Alabama county
- Serve your spouse properly
- Request temporary relief if needed
- Be honest in all financial disclosures
Understanding Alabama’s divorce rules makes a stressful time more manageable. Following the process carefully ensures your rights are protected and your family is prepared for the changes ahead.
Alabama Divorce FAQs
How long do you have to live in Alabama to file for divorce?
At least one spouse must have lived in Alabama for six months before filing. This is a strict requirement under Alabama law and must be met before the court accepts your divorce case.
How much does it cost to file for divorce in Alabama?
The filing fee for divorce in Alabama typically ranges from $200 to $300, depending on the county. Additional costs may include service fees, mediation, or attorney expenses.
Can I get a divorce in Alabama without going to court?
Yes. If both spouses agree on all issues, the divorce can be finalized without a hearing. The judge may sign the Final Decree based on written agreements and paperwork alone.
If you're unsure about your rights or next steps, consult a local attorney or legal aid service. You can also download Alabama divorce papers or browse Alabama divorce lawyers to get the help you need.