Divorce in Alabama
In Alabama, divorce can be filed on no-fault or fault-based grounds. You don't need your spouse's agreement to proceed with a divorce. To file, at least one spouse must have lived in Alabama for at least 6 months. The process starts by filing a Complaint for Divorce in the Circuit Court and paying the filing fee (usually around $200–$300, varying by county). Your spouse must be legally served with the divorce papers.
Both parties must disclose financial details and resolve issues like property division, spousal support, child custody, and child support. Alabama law requires a 30-day minimum waiting period before a divorce can be finalized, but contested cases often take longer. You may file on your own or hire an attorney depending on complexity.
Do I need my spouse's agreement to get a divorce in Alabama?
No. Alabama allows you to file for divorce on your own, and the court can grant it even if your spouse does not agree or respond.
How long does it take to finalize a divorce in Alabama?
There’s a minimum 30-day waiting period, but the full process may take several months for contested cases.
Can I file for divorce in Alabama if I just moved here?
You must be an Alabama resident for at least 6 months before filing. If you haven't met this requirement, you'll need to wait or consider filing elsewhere.
Legal Process in Alabama
Step 1: File Complaint & Pay Fee
Start by filing a Complaint for Divorce in your local Circuit Court and paying the applicable filing fee.
Step 2: Serve Divorce Papers
Legally serve your spouse with the divorce papers using personal delivery, certified mail, or a process server.
Step 3: Financial Disclosures & Agreements
Both spouses exchange financial info. You may settle matters privately or let the court decide property division, alimony, custody, and support.
Step 4: Wait & Finalize Divorce
Wait at least 30 days, submit any final agreements or court-required forms, and receive a court-issued Final Judgment of Divorce.