Alabama Divorce Laws: Residency, Waiting Period, Custody and Support
Alabama divorce rules: residency requirement, grounds, waiting period, filing fee, property division, alimony, custody, child support and uncontested divorce.
Quick answers for Alabama
- Residency requirement
- When the spouse being sued does not live in Alabama, the spouse filing must have been a genuine (bona fide) resident of Alabama for six months before filing the complaint, and must state and prove this in the case. Ala. Code § 30-2-5
- Waiting period
- A court cannot enter a final divorce judgment until 30 days after the summons and complaint are filed. The court can still make temporary orders during this time, such as custody, support, visitation, or who stays in the home. Ala. Code § 30-2-8.1
- Dividing property
- Alabama divides the marital estate equitably (fairly, not necessarily equally). The judge generally may not consider property a spouse owned before the marriage or received by inheritance or gift, unless that property or its income was regularly used for the common benefit of both… Ala. Code § 30-2-51
- Filing fee
- State law sets a $145 docket fee for a new case on the circuit court's domestic relations docket, whether it is contested or uncontested, and $248 for a case to modify or enforce an existing domestic relations order. Ala. Code §§ 12-19-70, 12-19-71
- When child support ends
- The age of majority in Alabama is 19, and court-ordered child support generally stays in effect until the child reaches the age of majority, even if a third-party benefit such as Social Security for the child stops at 18. Ala. Code § 26-1-1; Ala. R. Jud. Admin. 32 (commentary); Ala. Admin. Code r. 660-3-16-.08
Last verified: 2026-10-27
Filing for divorce
| Residency requirement | When the spouse being sued does not live in Alabama, the spouse filing must have been a genuine (bona fide) resident of Alabama for six months before filing the complaint, and must state and prove this in the case. The statute sets the six-month rule for cases where the other spouse is a nonresident; it does not set a separate county residency period. Source: Ala. Code § 30-2-5 |
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| Grounds for divorce | Alabama allows no-fault divorce when the court finds an irretrievable breakdown of the marriage, or a complete incompatibility of temperament so the spouses can no longer live together. Fault grounds also exist, including adultery, voluntary abandonment for one year, imprisonment for two years on a sentence of seven years or more, habitual drunkenness or drug addiction after marriage, actual violence or reasonable fear of violence, and confinement in a mental hospital for five successive years with incurable insanity. Source: Ala. Code § 30-2-1 |
| Waiting period | A court cannot enter a final divorce judgment until 30 days after the summons and complaint are filed. The court can still make temporary orders during this time, such as custody, support, visitation, or who stays in the home. Source: Ala. Code § 30-2-8.1 |
| Filing fee | State law sets a $145 docket fee for a new case on the circuit court's domestic relations docket, whether it is contested or uncontested, and $248 for a case to modify or enforce an existing domestic relations order. Counties add other court costs, so the total at the clerk's office is higher and varies by county. If paying would be a substantial hardship under the state income guidelines, you can file a verified statement of substantial hardship and the fee may be waived at first and taxed as costs at the end of the case. Ask the circuit clerk in your county for the full current amount. Source: Ala. Code §§ 12-19-70, 12-19-71 |
| Uncontested or simplified divorce | Alabama does not have a separate summary divorce procedure. For fee purposes, a divorce is treated as uncontested when a complaint, an answer, and an agreement of the parties are filed with the circuit court. The court system publishes do-it-yourself forms, including a Divorce Complaint (PS-08), Answer to Divorce Complaint (PS-21), and Request for Divorce Judgment by Default (PS-10). |
| Divorce forms | Alabama's Administrative Office of Courts posts statewide court forms on its AOC E-Forms site. Its "Do It Yourself Forms" include PS-08 Divorce Complaint, PS-10 Request for Divorce Judgment by Default and PS-21 Answer to Divorce Complaint, and a Certificate of Divorce form is also listed. Some counties publish their own checklists (for example, Shelby County's list of pleadings and forms required for an uncontested divorce), so check with the circuit clerk in the county where you file. |
Property and alimony
| Dividing property | Alabama divides the marital estate equitably (fairly, not necessarily equally). The judge generally may not consider property a spouse owned before the marriage or received by inheritance or gift, unless that property or its income was regularly used for the common benefit of both spouses during the marriage. Retirement benefits earned during the marriage are part of the marital estate, but the share awarded to the other spouse generally may not exceed 50 percent of the benefits the court considers. Source: Ala. Code § 30-2-51 |
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| Alimony (spousal support) | The court awards alimony when a spouse lacks enough separate estate to keep, as far as possible, the economic status quo of the marriage, the other spouse can pay without undue hardship, and it is equitable. Rehabilitative alimony comes first and is limited to five years absent extraordinary circumstances; periodic alimony is awarded when rehabilitation is not feasible or fails. Factors include the length of the marriage, standard of living, relative fault, age and health, employment prospects, and contributions to the other spouse's career. Periodic alimony generally may not last longer than the length of the marriage, except that there is no time limit for marriages of 20 years or more. Periodic alimony ends on remarriage, cohabitation, or the death of either spouse. Source: Ala. Code §§ 30-2-57, 30-2-55 |
Children: custody and support
| Child custody | Custody is decided by the best interest of the child. The court must consider joint custody in every case, looking at factors such as the parents' agreement, their ability to cooperate and make decisions together, their willingness to encourage the child's relationship with the other parent, any history of abuse or kidnapping, and how close the parents live to each other. If both parents ask for joint custody, it is presumed to be in the child's best interest. A finding of domestic or family violence creates a rebuttable presumption against giving custody to the abusive parent. State policy is that children should have frequent and continuing contact with both parents; joint custody does not necessarily mean equal time. The custody statutes read do not set an age at which a child's preference controls. |
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| Emergency and temporary custody | While a divorce is pending, the court may make orders about the children's custody as their safety and well-being require. Under the interstate custody law, an Alabama court has temporary emergency jurisdiction when the child is in Alabama and has been abandoned, or when emergency action is needed because the child, a sibling or a parent is being mistreated or abused or threatened with it. If another state has jurisdiction, the emergency order lasts only for a period the court sets so the person can get an order from that state. Ask the circuit clerk in your county how to request a temporary or emergency hearing. Source: Ala. Code §§ 30-3-1, 30-3B-204 |
| Grandparents' rights | A grandparent can ask for visitation in certain situations, such as when the parents' divorce or legal separation has been filed or the marriage has ended by death or divorce, when the child was born outside marriage (with paternity established for paternal grandparents), or when parental rights are being or have been terminated. A fit parent's decision to deny or limit visits is presumed to be in the child's best interest. To overcome this, the grandparent must prove by clear and convincing evidence a significant and viable relationship with the child and that visitation is in the child's best interest, including that losing the relationship has caused or is likely to cause harm. Source: Ala. Code § 30-3-4.2 |
Child support
| Child support | Alabama uses the income shares model: both parents' adjusted gross incomes are combined, a basic obligation is read from the state schedule, child-care and health-insurance costs are added, and each parent pays a share based on their percentage of the combined income. A self-support reserve applies to low-income parents, and a shared 50% physical custody adjustment (Form CS-42-S) applies when the court orders equal physical custody. Parents use Forms CS-41 (income affidavit), CS-42 (guidelines worksheet) and CS-43 (notice of compliance). No official online calculator was confirmed; the worksheets are on the court system's Child Support Forms page at eforms.alacourt.gov. |
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| How to apply for child support | Apply through the Alabama Department of Human Resources (DHR) Child Support Enforcement Division by making an appointment with any county DHR office. Before the appointment, print and complete the Application for Child Support Services, the Case Information Worksheet and the Affidavit of Income, and bring them with you. Depending on income, a $5 or $25 application fee is charged (cash or money order); there is no fee if you receive Medicaid. Families receiving TANF are referred automatically. Custodial parents, legal custodians, other caretakers, alleged fathers and noncustodial parents may apply. |
| When child support ends | The age of majority in Alabama is 19, and court-ordered child support generally stays in effect until the child reaches the age of majority, even if a third-party benefit such as Social Security for the child stops at 18. When all children in an order have turned 19, no current support is due and all arrears are paid, the paying parent can file an affidavit with the court clerk to end income withholding; that affidavit cannot be used when the parent claims a child was emancipated by marriage or joining the military. Rule 32 text: https://judicial.alabama.gov/docs/library/rules/ja32.pdf |
| Changing a child support order | A parent asking to change child support must prove a material change in circumstances that is substantial and continuing since the last order. Courts presume support should be changed when the existing order and the guideline amount differ by more than 10%, but a judge may change an order with a smaller difference, or refuse a change despite a 10% difference, in some cases. A change applies only to payments due after the petition is filed. Either parent can also ask DHR in writing for a review, stating why; DHR reviews an order only once every 36 months unless there is a significant change, and if a change is warranted it prepares the papers and takes the case to court. DHR review page: https://dhr.alabama.gov/periodic-review-and-adjustment-of-child-support-orders/ |
| If child support isn't paid | Alabama DHR lists these tools: income withholding from wages, unemployment, workers' compensation and retirement (all orders must include withholding); federal and state tax refund intercept; reporting to credit bureaus (arrears of $1,000 or more); liens on real or personal property and on financial accounts found through the Financial Institution Data Match; suspension or revocation of personal and professional licenses; passport denial; garnishment; civil contempt, which can lead to jail; arrest for failing to appear at a hearing; and federal prosecution and criminal nonsupport. Unpaid support judgments earn interest: 7.5% a year for judgments entered on or after September 1, 2011 (12% for 1981–2011 judgments and 6% for earlier ones). Guide: https://dhr.alabama.gov/wp-content/uploads/2020/08/Ala-CS-Guide-11.2021-Revision.pdf. A paying parent who catches up and pays for 12 months may ask the court to rebate interest if everyone owed interest agrees in writing (Ala. Code § 30-3-6.1). |
| State child support agency | The Child Support Enforcement Division of the Alabama Department of Human Resources (DHR) runs the state's IV-D child support program. It locates parents, establishes paternity and support orders (including medical and retroactive support), reviews and adjusts orders, enforces child, spousal and medical support, and collects and distributes payments. To apply, make an appointment with a county DHR office and bring the completed Application for Child Support Services, Case Information Worksheet and Affidavit of Income; a $5 or $25 application fee applies depending on income (waived for Medicaid recipients), and families receiving TANF are referred automatically. Payments can be made through ExpertPay or MoneyGram. How to apply: https://dhr.alabama.gov/child-support-enforcement-division/applying-for-child-support-services/ |
| Official child support calculator | Alabama does not offer an online calculator; child support is figured with the Rule 32 guidelines worksheet published by the Alabama Administrative Office of Courts. Use Form CS-42 (Child Support Guidelines, effective May 1, 2022) for standard cases or Form CS-42-S (effective June 1, 2023) for shared custody, each available as a PDF or Excel worksheet, along with Form CS-41 (income statement/affidavit) and Form CS-43 (notice of compliance). The court sets the final support amount. Guideline background and schedule: https://www.alacourt.gov/ChildSupportReview.aspx |
Separation, annulment, records and marriage
| Legal separation | Yes. A court will grant a legal separation when divorce jurisdiction requirements are met and the marriage is irretrievably broken, there is complete incompatibility, or one or both spouses want to live apart, and custody and child support have been addressed. A legal separation sets the spouses' rights and duties but does not end the marriage, and either spouse can later file for divorce. Source: Ala. Code § 30-2-40 |
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| Common-law marriage | No new common-law marriages can be formed in Alabama on or after January 1, 2017. A valid common-law marriage formed before that date is still recognized. Source: Ala. Code § 30-1-20 |
| Changing your name after divorce | Outside of a divorce case, an adult can change their name through the probate court in the county where they live by filing a signed written declaration giving their current name and the name they want. The court system publishes a Request to Change Name form (PS-12). The statutes read do not spell out how a former name is restored within the divorce judgment itself. |
| Divorce records | Divorce certificates are unrestricted in Alabama: anyone who gives enough information to find the record and pays the fee can get one. The Alabama Center for Health Statistics has certificates for divorces granted since 1950; the search fee is $15, which includes one certified copy (or a certificate of failure to find), extra copies ordered at the same time are $6 each, and expedited service costs $15 more. Order by mail, at any county health department, or online or by phone through VitalChek (extra fees). For divorces before 1950 and for corrections, contact the circuit court in the county that granted the divorce. |
Marriage and name changes
| Getting a marriage license | Alabama no longer issues marriage licenses or requires a ceremony. Since August 29, 2019, a couple marries by signing a marriage document containing each party's full legal name, identifying information and a notarized affidavit from each party (not currently married, at least 18 or 16-17 with parental consent, legally competent, not too closely related, and marrying voluntarily). The signed affidavits and forms must be recorded with the probate judge within 30 days of the last signature; the marriage is valid as of the date both parties signed. The probate judge collects the recording fees set by statute and forwards the record to the Office of Vital Statistics. Couples may still hold any ceremony they choose, but it has no legal effect on validity. Recording: https://alison.legislature.state.al.us/code-of-alabama?section=22-9A-17 Source: Ala. Code §§ 30-1-9.1, 22-9A-17 |
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| Minimum marriage age | A person under 16 cannot marry. A 16- or 17-year-old who has not been married before needs the consent of a parent or guardian, given in a notarized affidavit filed with the probate court. Source: Ala. Code §§ 30-1-4, 30-1-5 |
| Legal name change | The probate court in the county where an adult lives can change the adult's name when the adult files a signed written declaration stating the current name and the name wanted. Source: Ala. Code § 12-13-1(b)(10) |
Adoption, guardianship and paternity
| Stepparent adoption | A stepparent files alone. The child must have lived with the stepparent for one year before the final judgment. Instead of the full investigation, a limited investigation is required, filed within 30 days after the petition: letters of suitability, child abuse and neglect clearances and a sex-offender registry search for household members 14 and older (other than the child's legal parent), and a home safety inspection. The age-gap rule does not apply. The other parent's consent is required unless an exception applies, such as termination of rights or the other grounds listed in the Adoption Code. |
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| Guardianship of a child | A minor or anyone interested in the minor's welfare may petition the probate court where the minor lives or is present, with notice to the minor (if 14 or older), whoever had principal care during the previous 60 days, and each living parent. The court may appoint a guardian for an unmarried minor only if all parental rights have been terminated or suspended by circumstances or a prior court order, and the appointment serves the minor's welfare and best interest. A temporary guardian may be appointed for up to six months even without those conditions. The court may appoint a lawyer for the minor. Procedure: https://alison.legislature.state.al.us/code-of-alabama?section=26-2A-75 |
| Guardianship of an adult | The person or anyone interested in the person's welfare may petition the probate court for a limited or general guardian. The court appoints a lawyer unless the person has one; the person is examined by a court-appointed physician or other qualified person and interviewed by a court representative, and may demand a jury trial. The court may appoint a guardian if satisfied the person is incapacitated and the appointment is necessary or desirable for continuing care and supervision, and must limit its orders to what the person's limitations require, to encourage maximum self-reliance and independence; it may instead enter a protective order or other order, or dismiss. |
| Establishing paternity | The mother and a man claiming to be the genetic father may sign a notarized acknowledgment of paternity under penalty of perjury and file it with the Alabama Office of Vital Statistics; it is then a legal finding of paternity and a basis for child support. A signer may rescind only through a court proceeding started before the earlier of 60 days after the acknowledgment takes effect or the first court hearing about the child to which the signer is a party. After that, it can be challenged only for fraud, duress or material mistake of fact (or under Alabama's separate paternity-disestablishment statute). In a court case, the court must order genetic testing when requested by a party, the Department of Human Resources or the child's representative. |
| Emancipation of a minor | Alabama's age of majority is 19. The juvenile court may relieve a minor over 18 from the "disabilities of nonage" if it finds this is in the minor's interest, on a petition by a parent, by the minor (if the minor has no parents or guardian, or a parent is incapacitated or abandoned the minor for a year), or by the minor joined by a guardian. The judgment lets the minor sue and be sued, make contracts, buy and sell property and generally act as a 19-year-old could. The minor must file a certified copy of the judgment with the probate judge in each county where he or she lives or does business. |
Where to get help in Alabama
Divorce & Family Law FAQ
How long do you have to live in Alabama to file for divorce?
When the spouse being sued does not live in Alabama, the spouse filing must have been a genuine (bona fide) resident of Alabama for six months before filing the complaint, and must state and prove this in the case.
Is Alabama a no-fault divorce state?
Alabama allows no-fault divorce when the court finds an irretrievable breakdown of the marriage, or a complete incompatibility of temperament so the spouses can no longer live together. Fault grounds also exist, including adultery, voluntary abandonment for one year, imprisonment for two years on a sentence of seven years or more, habitual drunkenness or drug addiction after marriage, actual violence or reasonable fear of violence, and confinement in a mental hospital for five successive years with incurable insanity.
Is there a waiting period for divorce in Alabama?
A court cannot enter a final divorce judgment until 30 days after the summons and complaint are filed. The court can still make temporary orders during this time, such as custody, support, visitation, or who stays in the home.
How much does it cost to file for divorce in Alabama?
State law sets a $145 docket fee for a new case on the circuit court's domestic relations docket, whether it is contested or uncontested, and $248 for a case to modify or enforce an existing domestic relations order. Counties add other court costs, so the total at the clerk's office is higher and varies by county. If paying would be a substantial hardship under the state income guidelines, you can file a verified statement of substantial hardship and the fee may be waived at first and taxed as costs at the end of the case.
How do you get an uncontested divorce in Alabama?
Alabama does not have a separate summary divorce procedure. For fee purposes, a divorce is treated as uncontested when a complaint, an answer, and an agreement of the parties are filed with the circuit court. The court system publishes do-it-yourself forms, including a Divorce Complaint (PS-08), Answer to Divorce Complaint (PS-21), and Request for Divorce Judgment by Default (PS-10).
Is Alabama a community property state?
Alabama divides the marital estate equitably (fairly, not necessarily equally). The judge generally may not consider property a spouse owned before the marriage or received by inheritance or gift, unless that property or its income was regularly used for the common benefit of both spouses during the marriage. Retirement benefits earned during the marriage are part of the marital estate, but the share awarded to the other spouse generally may not exceed 50 percent of the benefits the court considers.
How is alimony decided in Alabama?
The court awards alimony when a spouse lacks enough separate estate to keep, as far as possible, the economic status quo of the marriage, the other spouse can pay without undue hardship, and it is equitable. Rehabilitative alimony comes first and is limited to five years absent extraordinary circumstances; periodic alimony is awarded when rehabilitation is not feasible or fails. Factors include the length of the marriage, standard of living, relative fault, age and health, employment prospects, and contributions to the other spouse's career. Periodic alimony generally may not last longer than the length of the marriage, except that there is no time limit for marriages of 20 years or more. Periodic alimony ends on remarriage, cohabitation, or the death of either spouse.
How is child custody decided in Alabama?
Custody is decided by the best interest of the child. The court must consider joint custody in every case, looking at factors such as the parents' agreement, their ability to cooperate and make decisions together, their willingness to encourage the child's relationship with the other parent, any history of abuse or kidnapping, and how close the parents live to each other. If both parents ask for joint custody, it is presumed to be in the child's best interest. A finding of domestic or family violence creates a rebuttable presumption against giving custody to the abusive parent. State policy is that children should have frequent and continuing contact with both parents; joint custody does not necessarily mean equal time.
How is child support calculated in Alabama?
Alabama uses the income shares model: both parents' adjusted gross incomes are combined, a basic obligation is read from the state schedule, child-care and health-insurance costs are added, and each parent pays a share based on their percentage of the combined income. A self-support reserve applies to low-income parents, and a shared 50% physical custody adjustment (Form CS-42-S) applies when the court orders equal physical custody. Parents use Forms CS-41 (income affidavit), CS-42 (guidelines worksheet) and CS-43 (notice of compliance).
Can you get a legal separation in Alabama?
Yes. A court will grant a legal separation when divorce jurisdiction requirements are met and the marriage is irretrievably broken, there is complete incompatibility, or one or both spouses want to live apart, and custody and child support have been addressed. A legal separation sets the spouses' rights and duties but does not end the marriage, and either spouse can later file for divorce.
Does Alabama recognize common-law marriage?
No new common-law marriages can be formed in Alabama on or after January 1, 2017. A valid common-law marriage formed before that date is still recognized.
Do grandparents have visitation rights in Alabama?
A grandparent can ask for visitation in certain situations, such as when the parents' divorce or legal separation has been filed or the marriage has ended by death or divorce, when the child was born outside marriage (with paternity established for paternal grandparents), or when parental rights are being or have been terminated. A fit parent's decision to deny or limit visits is presumed to be in the child's best interest. To overcome this, the grandparent must prove by clear and convincing evidence a significant and viable relationship with the child and that visitation is in the child's best interest, including that losing the relationship has caused or is likely to cause harm.
How do you change your name back after a divorce in Alabama?
Outside of a divorce case, an adult can change their name through the probate court in the county where they live by filing a signed written declaration giving their current name and the name they want. The court system publishes a Request to Change Name form (PS-12).
At what age does child support end in Alabama?
The age of majority in Alabama is 19, and court-ordered child support generally stays in effect until the child reaches the age of majority, even if a third-party benefit such as Social Security for the child stops at 18. When all children in an order have turned 19, no current support is due and all arrears are paid, the paying parent can file an affidavit with the court clerk to end income withholding; that affidavit cannot be used when the parent claims a child was emancipated by marriage or joining the military.
How do I file for child support in Alabama?
Apply through the Alabama Department of Human Resources (DHR) Child Support Enforcement Division by making an appointment with any county DHR office. Before the appointment, print and complete the Application for Child Support Services, the Case Information Worksheet and the Affidavit of Income, and bring them with you. Depending on income, a $5 or $25 application fee is charged (cash or money order); there is no fee if you receive Medicaid. Families receiving TANF are referred automatically. Custodial parents, legal custodians, other caretakers, alleged fathers and noncustodial parents may apply.
What happens if you don't pay child support in Alabama?
Alabama DHR lists these tools: income withholding from wages, unemployment, workers' compensation and retirement (all orders must include withholding); federal and state tax refund intercept; reporting to credit bureaus (arrears of $1,000 or more); liens on real or personal property and on financial accounts found through the Financial Institution Data Match; suspension or revocation of personal and professional licenses; passport denial; garnishment; civil contempt, which can lead to jail; arrest for failing to appear at a hearing; and federal prosecution and criminal nonsupport. Unpaid support judgments earn interest: 7.5% a year for judgments entered on or after September 1, 2011 (12% for 1981–2011 judgments and 6% for earlier ones).
How do you modify child support in Alabama?
A parent asking to change child support must prove a material change in circumstances that is substantial and continuing since the last order. Courts presume support should be changed when the existing order and the guideline amount differ by more than 10%, but a judge may change an order with a smaller difference, or refuse a change despite a 10% difference, in some cases. A change applies only to payments due after the petition is filed. Either parent can also ask DHR in writing for a review, stating why; DHR reviews an order only once every 36 months unless there is a significant change, and if a change is warranted it prepares the papers and takes the case to court.
How do you get emergency custody in Alabama?
While a divorce is pending, the court may make orders about the children's custody as their safety and well-being require. Under the interstate custody law, an Alabama court has temporary emergency jurisdiction when the child is in Alabama and has been abandoned, or when emergency action is needed because the child, a sibling or a parent is being mistreated or abused or threatened with it. If another state has jurisdiction, the emergency order lasts only for a period the court sets so the person can get an order from that state.
Are divorce records public in Alabama, and how do I get a copy?
Divorce certificates are unrestricted in Alabama: anyone who gives enough information to find the record and pays the fee can get one. The Alabama Center for Health Statistics has certificates for divorces granted since 1950; the search fee is $15, which includes one certified copy (or a certificate of failure to find), extra copies ordered at the same time are $6 each, and expedited service costs $15 more. Order by mail, at any county health department, or online or by phone through VitalChek (extra fees). For divorces before 1950 and for corrections, contact the circuit court in the county that granted the divorce.
How do you get a marriage license in Alabama?
Alabama no longer issues marriage licenses or requires a ceremony. Since August 29, 2019, a couple marries by signing a marriage document containing each party's full legal name, identifying information and a notarized affidavit from each party (not currently married, at least 18 or 16-17 with parental consent, legally competent, not too closely related, and marrying voluntarily). The signed affidavits and forms must be recorded with the probate judge within 30 days of the last signature; the marriage is valid as of the date both parties signed. The probate judge collects the recording fees set by statute and forwards the record to the Office of Vital Statistics. Couples may still hold any ceremony they choose, but it has no legal effect on validity.
What is the legal age to get married in Alabama?
A person under 16 cannot marry. A 16- or 17-year-old who has not been married before needs the consent of a parent or guardian, given in a notarized affidavit filed with the probate court.
How does stepparent adoption work in Alabama?
A stepparent files alone. The child must have lived with the stepparent for one year before the final judgment. Instead of the full investigation, a limited investigation is required, filed within 30 days after the petition: letters of suitability, child abuse and neglect clearances and a sex-offender registry search for household members 14 and older (other than the child's legal parent), and a home safety inspection. The age-gap rule does not apply. The other parent's consent is required unless an exception applies, such as termination of rights or the other grounds listed in the Adoption Code.
How do you get guardianship of a child in Alabama?
A minor or anyone interested in the minor's welfare may petition the probate court where the minor lives or is present, with notice to the minor (if 14 or older), whoever had principal care during the previous 60 days, and each living parent. The court may appoint a guardian for an unmarried minor only if all parental rights have been terminated or suspended by circumstances or a prior court order, and the appointment serves the minor's welfare and best interest. A temporary guardian may be appointed for up to six months even without those conditions. The court may appoint a lawyer for the minor.
How do you get guardianship of an adult in Alabama?
The person or anyone interested in the person's welfare may petition the probate court for a limited or general guardian. The court appoints a lawyer unless the person has one; the person is examined by a court-appointed physician or other qualified person and interviewed by a court representative, and may demand a jury trial. The court may appoint a guardian if satisfied the person is incapacitated and the appointment is necessary or desirable for continuing care and supervision, and must limit its orders to what the person's limitations require, to encourage maximum self-reliance and independence; it may instead enter a protective order or other order, or dismiss.
How do you establish paternity in Alabama?
The mother and a man claiming to be the genetic father may sign a notarized acknowledgment of paternity under penalty of perjury and file it with the Alabama Office of Vital Statistics; it is then a legal finding of paternity and a basis for child support. A signer may rescind only through a court proceeding started before the earlier of 60 days after the acknowledgment takes effect or the first court hearing about the child to which the signer is a party. After that, it can be challenged only for fraud, duress or material mistake of fact (or under Alabama's separate paternity-disestablishment statute). In a court case, the court must order genetic testing when requested by a party, the Department of Human Resources or the child's representative.
How do you legally change your name in Alabama?
The probate court in the county where an adult lives can change the adult's name when the adult files a signed written declaration stating the current name and the name wanted.
How does a minor get emancipated in Alabama?
Alabama's age of majority is 19. The juvenile court may relieve a minor over 18 from the "disabilities of nonage" if it finds this is in the minor's interest, on a petition by a parent, by the minor (if the minor has no parents or guardian, or a parent is incapacitated or abandoned the minor for a year), or by the minor joined by a guardian. The judgment lets the minor sue and be sued, make contracts, buy and sell property and generally act as a 19-year-old could. The minor must file a certified copy of the judgment with the probate judge in each county where he or she lives or does business.
Where can I get divorce papers and forms in Alabama?
Alabama's Administrative Office of Courts posts statewide court forms on its AOC E-Forms site. Its "Do It Yourself Forms" include PS-08 Divorce Complaint, PS-10 Request for Divorce Judgment by Default and PS-21 Answer to Divorce Complaint, and a Certificate of Divorce form is also listed. Some counties publish their own checklists (for example, Shelby County's list of pleadings and forms required for an uncontested divorce), so check with the circuit clerk in the county where you file.
Who handles child support in Alabama, and how do I contact them?
The Child Support Enforcement Division of the Alabama Department of Human Resources (DHR) runs the state's IV-D child support program. It locates parents, establishes paternity and support orders (including medical and retroactive support), reviews and adjusts orders, enforces child, spousal and medical support, and collects and distributes payments. To apply, make an appointment with a county DHR office and bring the completed Application for Child Support Services, Case Information Worksheet and Affidavit of Income; a $5 or $25 application fee applies depending on income (waived for Medicaid recipients), and families receiving TANF are referred automatically. Payments can be made through ExpertPay or MoneyGram.
Is there an official child support calculator in Alabama?
Alabama does not offer an online calculator; child support is figured with the Rule 32 guidelines worksheet published by the Alabama Administrative Office of Courts. Use Form CS-42 (Child Support Guidelines, effective May 1, 2022) for standard cases or Form CS-42-S (effective June 1, 2023) for shared custody, each available as a PDF or Excel worksheet, along with Form CS-41 (income statement/affidavit) and Form CS-43 (notice of compliance). The court sets the final support amount.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.