Alabama Divorce: What You Need to Know

Divorce is a process of ending a marriage. In Alabama, individuals may contact their county Circuit Court to learn more about the laws and requirements for divorce proceedings. Understanding divorce in Alabama requires knowing the waiting period, the types of divorce available, the court process, county-level filing requirements, and how to search for divorce records.

How Does Divorce Work in Alabama?

In Alabama, the first requirement to file a divorce case is that one of the spouses must meet the state's residency rules. If both spouses live in Alabama, the case can be filed immediately; otherwise, they must wait for a minimum of six months before filing. Also, the divorce case must be filed in the county where either spouse lives.

While the applicants file a divorce case in Alabama, they must wait for 30 days after filing before the court delivers its judgment or decree. This waiting period allows the parties to respond to the case and enables the court to finalize its judgment.

In Alabama, there are two types of grounds for a divorce case: no-fault and fault-based grounds. The most common ground for divorce is incompatibility. Other grounds for divorce cases may include adultery, drunkenness, abandonment, cruelty, addiction to alcohol and substance abuse, and mental incapacity.

A divorce case may be uncontested, where the parties agree on property, custody, and financial matters within 30 to 60 days of filing. However, a contested divorce case may take longer, sometimes several months or even years to resolve. Overall, the duration of a divorce will depend on the complexity of the matter.

Types of Divorce in Alabama

In Alabama, the law enables various types of divorce, which include:

• Non-contested divorce: This is a common, quick, and simple type of divorce in which the husband and wife agree to a divorce.
• Contested divorce: Here, one or both parties take the divorce matter to court for a formal legal hearing.
• Collaborative divorce: In this scenario, couples consult an attorney to settle their case outside of court.

Alabama Divorce Court Process and Forms

Parties interested in filing for divorce in Alabama may contact the Circuit Court clerk in the county where one of the spouses lives. They may also find the divorce forms online at the Alabama Administrative Office of Courts or through their county circuit clerk's office. The couple must decide whether to pursue a non-contested or contested divorce. In non-contested cases, divorce may often be resolved with few court appearances, especially with the assistance of an attorney.

One of the spouses, referred to as the plaintiff, may file a complaint for divorce at the clerk's office. In the divorce complaint, the plaintiff must outline the grounds for divorce and specify the relief sought, such as custody and division of property. The plaintiff must obtain all the necessary forms, such as divorce complaints, summonses, plaintiff's testimony, affidavits of residency, and settlement agreements.

Upon filing the divorce case, the plaintiff must serve the other party with a copy of the divorce documents. They may submit the document in person or employ the services of a sheriff, a process server, or a postage service.

In Alabama, most counties require both parents to complete a parenting education class before they finalize divorce cases involving children. The judge signs a final decree of divorce, which terminates the marriage and outlines the court orders for child custody, support, and division of property.

City- and County-Level Filing Details

Different counties handle divorce cases in various ways, so parties must consult the circuit court clerk's office to understand the proper procedures and requirements. Here are the filing details for several of Alabama's largest counties:

• Jefferson County (Birmingham):

  • Courthouse: Jefferson County Courthouse, 716 Richard Arrington Jr. Blvd. North, Birmingham, AL 35203.
  • Services: The clerk's office provides online forms through its county website or at its offices.

• Madison County (Huntsville):

  • Courthouse: Madison County Courthouse, 100 North Side Square, Huntsville, AL 35801.
  • Services: Uses Alabama's statewide e-filing system; mediation may be ordered in custody disputes.

• Mobile County (Mobile):

  • Courthouse: Mobile Government Plaza, 205 Government Street, Mobile, AL 36644.
  • Services: Divorce Forms are available online as well as at the court clerk's office. The court also provides parenting seminars for couples involved in divorce proceedings.

• Montgomery County (Montgomery):

  • Courthouse: Montgomery County Courthouse, 251 South Lawrence Street, Montgomery, AL 36104.
  • Services: Anyone may access necessary forms online or in person at the clerk's office.

• Tuscaloosa County (Tuscaloosa):

  • Courthouse: Tuscaloosa County Courthouse, 714 Greensboro Avenue, Tuscaloosa, AL 35401.
  • Services: Couples may access online forms or visit the circuit court clerk's office. The court also encourages couples to use mediation in high-conflict cases to reach settlements on certain issues.

How to Search for Divorce Records in Alabama

Alabama laws permit the public to view or obtain copies of divorce records or decrees. However, sensitive details such as Social Security numbers, financial account details, or information about children may be redacted. The Circuit Court Clerk keeps a record of all divorce records in the county. Individuals may view the records or pay for the certified copies in person or by mail.

The Alabama Department of Public Health (ADPH) also maintains divorce certificates for divorces granted since 1950. Applicants may request divorce records through the ADPH online, by mail, or in person. Some counties also provide limited online case access through Alabama's State Judicial Information System (SJIS).

Key Points

• Divorce cases in Alabama are filed in the Circuit Court of the county where either spouse resides.
• It is mandatory that one spouse reside in Alabama and have lived in the state for at least six months before filing for divorce.
• Alabama recognizes both fault-based and no-fault divorces, with a 30-day waiting period after filing.
• The primary types of divorces are non-contested and contested.
• In cases involving children, parenting classes are required, and the court may order mediation to resolve disputes.
• Divorce records are considered public records and available to the public through their county Circuit Court Clerks.