How to File for Divorce in Alabama
How to file for divorce in Alabama: the residency rule, filing fee and fee waivers, uncontested options and how long it takes.
Short answer: 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
| 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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| 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). |
| 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 |
| 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. |
Where to get help in Alabama
More Alabama divorce & family law
- Getting a Marriage License in Alabama
- Adopting a Child in Alabama
- Guardianship of a Child or Adult in Alabama
- Establishing Paternity in Alabama
- Changing Your Name in Alabama
- Child Custody Laws in Alabama
- How Child Support Is Calculated in Alabama
- Divorce Records in Alabama
- Alimony and Spousal Support in Alabama
- Legal Separation and Annulment in Alabama
- All Alabama divorce & family law rules
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.
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 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.
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.
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.