Alabama Divorce FAQS

You can request a certified copy of your Alabama divorce record from the Alabama Department of Public Health (ADPH), Center for Health Statistics. Requests can be made in person, by mail, or online through authorized third-party services.

Yes, most Alabama divorce records are public. However, specific information, such as sensitive financial details or child custody arrangements, may be redacted or sealed by court order to protect privacy.

A certified copy is an official document with a raised seal, typically used for legal purposes. An informational copy is a non-certified document provided for personal reference and carries no legal authority.

Yes, but it may be access-restricted. Divorce records are typically available to the public, but a certified copy is typically required to be authorized, such as by being a party to the case, an attorney of record, or by having a legally recognized interest.

The Alabama Department of Public Health (ADPH), Center for Health Statistics, keeps divorce records for the entire state since 1950. For records prior to that time, write to the Circuit Court of the county in which the divorce was issued.

Processing time varies. Mail and online orders are 7-10 business days, depending on volume and type of delivery, while in-person orders are done same-day.

Yes. The ADPH has a contract with licensed vendors like VitalChek to complete online requests for Alabama divorce records.

You will need the names of both spouses (maiden names included), date of divorce, county in which divorce was granted, and identification if obtaining a certified copy.

In certain cases, Alabama courts may seal specific divorce records, especially when they involve minor children, sensitive financial information, or high-profile individuals. Sealing is done by court order.

Statewide records are available from 1950 to the present through the ADPH. For divorces prior to 1950, records are maintained by the local county Circuit Courts.

Alabama has no-fault and fault grounds for divorce. Incompatibility and breakdown of the marriage without possibility of reconciliation are no-fault grounds. Adultery, abandonment, imprisonment, abuse of drugs, and abuse of spouse are fault grounds.

Yes, Alabama allows no-fault divorce, which means neither party is required to prove wrongdoing to dissolve the marriage.

Alabama follows the fair division rule. This does not necessarily mean a 50/50 division but a reasonable division based on the length of the marriage, each spouse's contributions, and future economic needs.

Yes. Even though Alabama has no-fault divorce, misconduct by a spouse such as adultery or abuse can affect property awards, spousal support awards, and custody rulings.

No, Alabama is not a state that mandates legal separation prior to divorce filing. However, legal separation can be pursued by the couple if they wish to live separately but not end the marriage.

Alimony is based on factors such as the length of the marriage, each spouse’s income and earning capacity, the standard of living during the marriage, and contributions to the household. Courts may award temporary or long-term alimony.

Yes. Spousal support can be waived through a prenuptial agreement, postnuptial agreement, or negotiated divorce settlement.

Prenuptial agreements are legally binding in Alabama if properly executed. They can govern asset division, spousal support, and other financial matters, though courts may set aside agreements found to be unconscionable or signed under duress.

Mediation is not always required but often suggested or court-ordered for contentious divorce cases in an effort to resolve custody, property, or support disputes.

Yes, most Alabama courts require parents involved in custody disputes to complete parenting classes that address the impact of divorce on children and co-parenting strategies.

If the company was acquired or established during marriage, it may qualify as marital property and split up, even if only one of the spouses actively managed it.

Business valuation typically involves hiring financial experts to assess fair market value, including tangible and intangible assets, cash flow, and projected earnings.

Yes. Alabama law does recognize both monetary and non-monetary contributions, such as keeping the home or giving up career goals, when dividing marital property.

Business owners can protect their interests through premarital agreements, buy-sell agreements, or keeping thorough financial records to keep and distinguish separate and marital property.

Business debts accrued during the marriage may be considered marital liabilities and divided equitably, depending on who incurred the debt and for what purpose.

Yes, a buy-sell agreement will prevent unintended change of ownership by restricting a spouse's right to equity and providing conditions for business purchases.

In such complicated cases, both sides may engage forensic accountants to authenticate valuation and find concealed assets or income regarding the business.

Yes, it is possible to give the entire business to one spouse, often with the responsibility of such a spouse to pay the other for his or her share either in a buyout or by bestowing other marital properties.

Expansion of business worth during the marriage is usually considered marital property, although the business was created before the marriage.

Yes. Business income, including undistributed profits, can be factored into spousal support calculations.

A high net worth divorce is usually a divorce when the couple's assets are more than $1 million and comprised of complicated holdings such as businesses, investments, and luxury real estate.

Such assets require professional valuations and can be divided using direct transfer, buyout agreements, or Qualified Domestic Relations Orders (QDROs) for retirement accounts.

Yes. Courts can issue forensic examinations to search for hidden assets, hidden accounts, or unreported income.

Alabama courts can order the division of out-of-state property, although enforcing such orders may require cooperation with courts in other jurisdictions.

Yes. To maintain separate property status, the spouse must provide clear documentation, such as pre-marital ownership records or inheritance documentation kept apart from marital assets.

Yes. Alabama courts consider the standard of living established during the marriage when determining alimony awards.

Yes. Tax implications of property distribution, capital gains, and spousal support payments are significant concerns in high-net-worth divorces.

Yes. Courts can issue temporary restraining orders or injunctions to prevent either party from dissipating or hiding assets during litigation.

In high-net-worth cases, it is highly recommended to retain professionals for asset tracing, valuation, and forensic accounting to ensure equitable division.

Luxury assets are appraised at current market value and divided equitably, often through asset distribution or sale and division of proceeds.

The process begins with filing a complaint for divorce in the Circuit Court of the appropriate county.

At least one spouse must have resided in Alabama for a minimum of six months before filing.

The minimum statutory waiting period is 30 days, but contested divorces can take months or years depending on complexity.

Required forms typically include the Complaint for Divorce, Summons, and Vital Statistics Form. Additional documentation may be needed for custody or property matters.

No. If one spouse files for divorce and the other does not contest, the case can proceed uncontested. Otherwise, the divorce will be litigated.

The defendant must file an answer or response within 30 days. Failure to respond can result in a default judgment.

Yes. Alabama imposes a 30-day waiting period from the date of filing before a divorce can be finalized.

Either party may request temporary orders for child custody, support, or exclusive use of property while the case is pending.

In uncontested cases, divorces may be finalized without a formal hearing, depending on the judge’s discretion and local court rules.

A default judgment is when the respondent does not reply to the complaint, and the court then grants the divorce upon the petitioner's conditions.