Divorce in Alabama is governed by state laws. If you or your spouse live in the state and wish to end your marriage, it is important to understand how to file for divorce in Alabama as well as what your rights are during the process.
Who Can File for Divorce in Alabama?
You can file for divorce in Alabama only if you and/or your spouse currently reside in the state. The specific rules on when you can file vary depending on whether both spouses live locally or only one spouse resides there.
If both you and your spouse both live in Alabama, you can file for divorce any time. If your spouse lives in Alabama but you do not, you can also file for divorce in Alabama any time.
If you live in Alabama and you wish to file for divorce from a spouse who lives outside of the state, then you must have been an Alabama resident for at least six months prior to the time you file for divorce.
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What Are the Grounds to File for Divorce in Alabama?
When you file for divorce in Alabama, you must provide a reason. This is called “grounds” for divorce.
Alabama allows for both fault and no-fault divorces. In a no-fault divorce, the grounds for ending the marriage are a total breakdown of the marriage with no chance for reconciliation. No fault divorces tend to be easier and cheaper than fault divorces.
If you wish to proceed with an at-fault divorce, you must be divorcing for a specific reason. Examples of grounds for a fault divorce include the following:
- Adultery
- Abandonment by your spouse for at least a year immediately prior to your divorce filing
- Your spouse was sentenced to at least seven years in prison and served at least two of them prior to the time you file for divorce
- Your spouse is addicted to certain drugs or alcohol
- Your spouse committed a crime against nature with a person or animal before or after marriage (homosexuality/bestiality)
- Your spouse is incurably insane and confined to a mental hospital for at least five years prior to filing for divorce
- Your wife was pregnant at the time of marriage without you knowing when you are not the father of the child
- Complete incompatibility of temperament between the spouses
- Your spouse committed an act of violence that threatens your health or life or behaved in such a way that makes you fear such an act could occur
- The wife has lived separately from the husband within the state without support for two years
How to File for Divorce in Alabama
When you are ready to move forward with a divorce, you need to file paperwork with the court. This is called a petition for divorce. You must file your petition for divorce in the correct circuit court, which could be:
- The circuit court in the county where your spouse lives, or where you and your spouse lived together at the time of separation
- The circuit court where you live if your spouse does not currently reside in Alabama
You can find a list of judicial circuit courts in Alabama using this map on the website of the Alabama Administrative Office of Courts. There are also do it yourself forms available on the court’s E-Forms website.
You need to pay the filing fees charged by your circuit court when you file for divorce. These vary by court, but could total several hundred dollars. If you are unable to afford to pay these fees, you can submit an Affidavit of Substantial Hardship and Order.
Serving Divorce Paperwork in Alabama
When you file for divorce, your spouse must be served with the papers. This means your spouse must be given notice and provided with a copy of the papers you filed.
You are not allowed to serve your spouse yourself. The papers must be served by someone who is not a party to the case and who is at least 18 years old.
You can hire a private process server, pay a fee to the sheriff’s office to serve the papers, have your spouse sign an acknowledgement they received the papers or send them via certified mail with return receipt requested.
If you are unable to find your spouse, you can post a notice of your filing in a local newspaper.
Your spouse must be served within 30 days of the time you file your petition for divorce with the court.
Contested or Uncontested Divorce
An Alabama divorce could be a contested or an uncontested divorce.
- In a contested divorce, you and your spouse cannot agree on all the issues related to custody, support or division of assets and you request to go to trial and have the court decide these issues.
- In an uncontested divorce, you and your spouse negotiate on the issues involved in your divorce and you sign a settlement agreement that you submit to the court.
An uncontested divorce is typically cheaper and easier, so you and your spouse should try to work out the issues on your own. If you cannot do this without help, you may wish to consider working with an experienced mediator who can guide you through the process.
If you wish to move forward with an uncontested divorce and you do not have minor children or property or debt you need the court to divide, you can file for one by submitting:
- A divorce complaint and a summons
- A Notarized Plaintiff’s Testimony affidavit
- A marital settlement agreement signed by both spouses
- An affidavit showing you and/or your spouse are Alabama residents
If you have children, the process is a little more complicated and additional paperwork must be filed including a Child Support Obligation Income Statement/Affidavit.
If you wish to move forward with an uncontested divorce, you’ll submit much of the same paperwork but not a signed settlement agreement. If you cannot agree on key issues, your case will move forward to trial where you and your spouse will each be given the chance to present evidence and argue for your preferred outcome.
What Is the Waiting Period for an Alabama Divorce?
The court in Alabama cannot enter a decree of divorce and formally dissolve your marriage until at least 30 days from the time you initially filed your divorce papers.
Getting Legal Help With a Divorce in Alabama
Knowing how to file for divorce in Alabama is just the first step in making sure your rights are protected as you end your marriage. The process of filing court paperwork and negotiating a settlement or arguing your case in court can be complicated. Work with an experienced Alabama divorce attorney to help you throughout the process.
Contact an attorney as soon as you begin considering divorce so you will understand what to expect and can avoid delays or unnecessary complications during the Alabama divorce process.
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Frequently Asked Questions (FAQs)
How is marital property divided in an Alabama divorce?
Alabama is an equitable distribution state. This means property is divided fairly, not necessarily equally, when your marriage comes to an end. A variety of factors are considered including the length of the marriage and the economic and non-financial contributions each spouse made to the marriage.
You and your spouse can also come to an agreement on your own about the division of property. This can help you to move forward with an uncontested divorce, which is often faster and cheaper than going to trial.
Can you get alimony in an Alabama divorce?
Alimony in Alabama can be periodic (ongoing) or rehabilitative (until a spouse can receive the training or education to be able to be self-supporting) in Alabama. The court will award alimony if one spouse demonstrates financial need and the other spouse has a proven ability to pay support.
The current and future earning potential of each spouse, the distribution of marital assets, the standard of living established during the marriage and child custody arrangements are all considered when determining if alimony will be awarded.
How long does an Alabama divorce take?
The timeline for an Alabama divorce depends on many factors including whether the divorce is contested or uncontested. The court cannot dissolve your marriage for at least 30 days from the time divorce papers are first filed but often it takes longer than this to move through the divorce process.
