Getting Divorced in Alabama: A Legal Guide

At least one spouse must have been a resident of Alabama for at least 6 months before filing for divorce. Verify that you or your spouse meets this requirement before proceeding with any paperwork.

Alabama allows both no-fault and fault-based divorces. No-fault grounds include 'incompatibility of temperament' and 'irretrievable breakdown of the marriage.' Fault-based grounds include adultery, abandonment, imprisonment, addiction, violence, and mental incapacity. Choosing no-fault is typically simpler and less contentious.

Collect tax returns, bank statements, investment accounts, retirement accounts, property deeds, vehicle titles, insurance policies, debt information (mortgages, loans, credit cards), and personal identification documents. These will be needed for financial disclosures and property division.

This is the document that initiates the divorce process. It must include basic information about both spouses, marriage date, separation date, grounds for divorce, and your requests regarding property division, alimony, child custody, and support. In Alabama, this document is sometimes called a 'Complaint for Divorce.'

File your divorce petition in the circuit court of the county where either you or your spouse resides. You'll need to pay a filing fee (approximately $200-400 in Alabama, though it varies by county). If you cannot afford the fee, you can apply for a fee waiver by filing an Affidavit of Substantial Hardship.

Your spouse must be legally notified of the divorce filing. In Alabama, this can be done through certified mail with return receipt, by the sheriff's office, or by a private process server. If you cannot locate your spouse, you may be able to serve by publication after getting court approval.

If you were served, you have 30 days to file a response in Alabama. If you filed the petition, wait for your spouse's response. The response indicates whether your spouse agrees with your requests or wishes to contest them.

Both spouses must provide complete financial information including income, expenses, assets, and debts. In Alabama, this is typically done through a 'Statement of Income and Expenses' and 'Statement of Assets and Liabilities.' Be thorough and honest—hiding assets can result in penalties.

This document outlines how you and your spouse will divide property, debts, and handle spousal support (alimony). Try to reach agreement on these issues to avoid a contested court hearing. In Alabama, if you can't agree, the court will divide property 'equitably' (fairly but not necessarily equally).

This document details custody arrangements, visitation schedules, and how major decisions about the children will be made. Alabama courts determine custody based on the 'best interests of the child.' Joint custody is common unless there are reasons it would not serve the child's best interests.

Alabama uses the 'Income Shares Model' for calculating child support, which considers both parents' incomes and the number of children. Use Alabama's Child Support Guidelines to calculate the appropriate amount. The worksheet must be filed with the court even if you and your spouse agree on an amount.

Many Alabama counties require mediation for divorcing couples, especially when children are involved. A neutral mediator will help you try to resolve disputed issues. Even if not required, mediation can be less expensive and contentious than litigation.

If your divorce is uncontested (you agree on all issues), you may only need one brief hearing. For contested divorces, you'll need to prepare evidence and possibly witnesses for trial. Dress professionally and be respectful in court.

If retirement accounts will be divided, you'll need a QDRO. This special court order directs retirement plan administrators how to divide the accounts. Each retirement plan may have specific requirements for QDROs, so consider consulting a specialist who drafts these documents.

This document contains the judge's final rulings on all aspects of your divorce. Review it carefully before it's signed to ensure it accurately reflects any agreements or court decisions. In Alabama, there is a 30-day waiting period after filing before a divorce can be finalized.

In Alabama, child support payments are typically made through income withholding. This order directs an employer to withhold child support from the paying parent's wages and send it to the Alabama Child Support Payment Center, which then distributes it to the receiving parent.

After the divorce is finalized, update your name (if changed), beneficiaries on insurance policies and retirement accounts, wills or estate plans, emergency contacts, and other personal records. You may need to provide copies of your divorce decree to various institutions.

Your tax filing status is determined by your marital status on December 31. If your divorce is final by then, you cannot file as married. Determine who will claim children as dependents (usually specified in the divorce decree) and how to handle tax implications of property transfers and support payments.