Divorce Laws in Alabama: Complete 2026 Guide

Alabama recognizes both no-fault and fault-based grounds for divorce under Alabama Code §30-2-1. The no-fault grounds include: (1) incompatibility of temperament, where the court is satisfied that there exists such a complete incompatibility that the parties can no longer live together (§30-2-1(a)(7)); and (2) irretrievable breakdown of the marriage, where the court finds that further attempts at reconciliation are impractical or futile and not in the best interests of the parties or family (§30-2-1(a)(9)). The irretrievable breakdown ground is the most commonly used basis for divorce in Alabama, as it does not require either spouse to prove fault. Alabama's fault-based grounds are among the most extensive in the country. Under §30-2-1(a), a spouse may seek divorce for: (1) physical and incurable incapacity at the time of marriage; (2) adultery; (3) voluntary abandonment from bed and board for one year; (4) imprisonment for two years with a sentence of seven years or longer; (5) commission of a crime against nature; (6) addiction after marriage to habitual drunkenness or habitual use of opium, morphine, cocaine, or similar drugs; (8) confinement in a mental hospital for five successive years with a finding of incurable insanity; and (10) in favor of the husband, when the wife was pregnant at the time of marriage without his knowledge. Choosing between no-fault and fault-based grounds has practical implications. A no-fault divorce is generally faster, less expensive, and does not require the filing spouse to prove specific misconduct with evidence. Fault-based divorces require testimony, witnesses, and documentation to prove the alleged grounds, which increases both the time and cost of litigation. However, proving fault can influence the court's decisions on property division and alimony, potentially resulting in a more favorable outcome for the innocent spouse. It is important to note that Alabama Code §30-2-3 provides that divorce may be refused where there is collusion between the parties, condonation (forgiveness of the offense), or recrimination (where both parties are at fault). This means the court may scrutinize the circumstances carefully, especially in fault-based cases. Consulting with an Alabama family law attorney can help you determine which grounds are most appropriate for your situation and how they may affect the overall outcome of your case.

Alabama's residency requirements for divorce are governed by Alabama Code §30-2-5. The rules depend on whether one or both spouses live in the state. If both spouses are residents of Alabama, a divorce can be filed at any time—there is no minimum durational residency requirement. If only the plaintiff (the filing spouse) lives in Alabama and the defendant lives out of state, the plaintiff must have been a bona fide resident of Alabama for at least six months immediately before filing the complaint. Interestingly, if only the defendant resides in Alabama but the plaintiff lives in another state, the plaintiff may file for divorce in Alabama at any time, as the defendant's residency provides the court with jurisdiction. However, the six-month residency requirement for the plaintiff when the defendant is a nonresident is strictly enforced. If the complaint is filed even one day before the six-month mark, the court may lack subject matter jurisdiction, and any resulting divorce decree could be considered void and unenforceable. Residency in Alabama means more than simply having a mailing address. Alabama courts interpret residency as equivalent to domicile—meaning you must not only live in the state but also have the intent to remain permanently or indefinitely. Evidence of residency may include a valid Alabama driver's license, voter registration, lease or property ownership documents, utility bills, and employment records. Military service members stationed in Alabama may also establish residency, with special provisions recognizing the unique challenges of frequent relocations. Venue—the specific county where you file—is also important. Under Alabama law (§30-2-4), you generally file in the county where the defendant resides, or in the county where the spouses lived together at the time of separation. If the defendant is a nonresident, you may file in the county where you currently reside. Choosing the correct venue is critical, as filing in the wrong county can lead to delays or dismissal of your case.

Alabama follows the principle of equitable distribution when dividing marital property in a divorce. This means that marital assets and debts are divided fairly, but not necessarily equally, between the spouses. Alabama is not a community property state—there is no automatic 50/50 split. Instead, the court exercises broad discretion to achieve a result that is just and equitable based on the specific facts of each case. The first step in property division is distinguishing between marital property and separate property. Marital property generally includes all assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title. This can include the family home, bank accounts, retirement accounts (including 401(k)s and pensions), investments, vehicles, and business interests. Separate property typically includes assets owned before the marriage, inheritances received by one spouse, and gifts given specifically to one spouse, provided these assets were not commingled with marital property. However, separate property can lose its protected status if it is mixed with marital assets—for example, if an inheritance is deposited into a joint bank account. When the court divides marital property, it considers numerous factors, including: the length of the marriage; the age and health of each spouse; each spouse's earning capacity and financial contributions to the marriage; non-financial contributions such as homemaking and child-rearing; the standard of living established during the marriage; tax consequences of the property division; the needs of the custodial parent; and marital misconduct, particularly if one spouse's behavior financially harmed the other (such as hiding or wasting assets). The court may also consider any other relevant factors it deems equitable. Spouses are encouraged to negotiate a property settlement agreement on their own or through mediation. If both parties agree on how to divide their assets and debts, the court will generally approve the agreement without modification, provided it finds the terms equitable. Retirement accounts often require a Qualified Domestic Relations Order (QDRO) to divide them properly without triggering tax penalties. Given the complexity and subjectivity of Alabama's equitable distribution process, working with a family law attorney is strongly recommended to protect your financial interests.

Alabama law provides for several types of alimony (also called spousal support or maintenance), governed primarily by Alabama Code §§30-2-50 through 30-2-57. Alimony is not automatically awarded in every divorce—a spouse must demonstrate a financial need, and the other spouse must have the ability to pay. The court has broad discretion in determining whether to award alimony, the type, the amount, and the duration. Unlike child support, Alabama does not use a formula to calculate alimony. Alabama recognizes three main types of alimony: (1) Interim (pendente lite) alimony—temporary support paid during the divorce proceedings, which automatically ends when the divorce is finalized (§30-2-50, §30-2-56); (2) Rehabilitative alimony—short-term support designed to help a spouse gain the education, training, or skills needed to become self-supporting, generally limited to a maximum of five years except in extraordinary circumstances (§30-2-57); and (3) Periodic alimony—ongoing support payments that may continue for a longer duration, but generally may not exceed the length of the marriage. For marriages lasting 20 years or longer, there is no statutory time limit on periodic alimony eligibility (§30-2-57(g)). Additionally, the court may award alimony in gross—a lump-sum payment often used to effectuate property division. When determining alimony, the court considers multiple factors, including: each spouse's individual assets and liabilities; the marital property received by each spouse; each spouse's earning capacity considering age, health, education, professional licensing, and work history; whether a spouse has primary custody of a child whose condition makes outside employment inappropriate; the standard of living during the marriage; the duration of the marriage; contributions to the marriage (including homemaking and child-rearing); and marital misconduct such as adultery. Fault can play a significant role—under §30-2-52, the court may consider a spouse's misconduct when awarding alimony. Alimony in Alabama terminates upon the remarriage of the recipient spouse or upon the recipient's cohabitation with a romantic partner, as defined under §30-2-55. Either party's death also terminates alimony. Existing alimony orders may be modified upon a showing of a material change in circumstances, such as a significant change in income, job loss, or disability. Importantly, if the court does not award alimony or reserve jurisdiction to do so at the time of the divorce, it permanently loses the ability to award alimony in the future (§30-2-57(c)).

Alabama law prioritizes the best interests of the child in all custody determinations. Under Alabama Code §30-3-150, it is the state's expressed policy to favor joint custody arrangements that assure minor children have frequent and continuing contact with both parents, provided the parents have demonstrated the ability to act in the child's best interests. Alabama recognizes both joint legal custody (shared decision-making) and joint physical custody (shared residential time), as well as sole custody arrangements. Under Alabama Code §30-3-152, when both parents request joint custody, there is a rebuttable presumption that joint custody is in the child's best interest. In such cases, the court shall grant joint custody unless it makes specific findings explaining why joint custody is not appropriate. Even without both parents' consent, the court may still order joint custody if it determines that arrangement serves the child's best interests. However, joint physical custody does not necessarily mean an equal time split—one parent is often designated as the primary physical custodian while the other receives visitation rights. The court considers numerous factors when determining custody, including: the agreement or disagreement of the parents regarding joint custody; the parents' past and present ability to cooperate and make decisions jointly; each parent's ability to encourage the child's relationship with the other parent; any history of or potential for child abuse, spouse abuse, or kidnapping; the geographic proximity of the parents; the child's emotional, social, moral, material, and educational needs; the home environment offered by each parent; the age, character, stability, and mental and physical health of each parent; and the child's existing relationships with siblings and extended family. If a child is over age 12, the court may consider the child's preference, but the judge always makes the final decision based on the child's best interests. Alabama also has specific provisions addressing domestic violence in custody cases. Under §30-3-131 through §30-3-135, a finding of domestic violence creates a rebuttable presumption that custody with the perpetrator would be detrimental to the child. Visitation for a parent who committed domestic violence may be restricted or supervised. Additionally, the Alabama Parent-Child Relationship Protection Act (§30-3-160 et seq.) governs relocation of a custodial parent, requiring notice and potential court approval before a parent can move with the child.

Filing for divorce in Alabama begins with preparing and filing a Complaint for Divorce (also called a petition) with the circuit court in the appropriate county. The complaint must be titled 'In re the marriage of [Spouse 1] and [Spouse 2]' and must state the grounds for divorce, residency facts, and any requests regarding property division, child custody, child support, and alimony. You will also need to complete a Vital Statistics Form (Certificate of Divorce) and, if minor children are involved, a Child Support Information Sheet (Form CS-47) and a Child Support Obligation Income Statement/Affidavit (Form CS-41). At the time of filing, you must pay the court's filing fee, which varies by county. Filing fees in Alabama generally range from $200 to $400 depending on the county and whether minor children are involved. For example, Jefferson County (Birmingham) charges approximately $290, while Mobile County charges approximately $208 as of early 2026. If you cannot afford the filing fee, you may file an Affidavit of Substantial Hardship to request a fee waiver, providing proof of income showing you meet federal poverty guidelines. Once the complaint is filed, your spouse (the defendant) must be formally served with the divorce papers. Service can be accomplished through the county sheriff, a private process server, or certified mail. If the defendant's whereabouts are unknown, the court may allow service by publication in a local newspaper. Alternatively, if the divorce is uncontested and the defendant agrees, they may sign a Waiver of Service, which eliminates the need for formal service. The defendant then has 30 days to file a response (answer) to the complaint. If minor children are involved, both parents are typically required to complete a court-approved parenting education class (often called a 'Transitional Parenting' seminar), which costs approximately $50 per parent. After the mandatory 30-day waiting period has elapsed and all issues are resolved—either by agreement or court ruling—the parties or their attorneys submit a proposed settlement agreement and divorce decree to the judge. In uncontested cases, a brief hearing or even a written submission may suffice to finalize the divorce. In contested cases, the court will schedule hearings and potentially a trial before issuing a final judgment. All divorce cases in Alabama are handled by the state's circuit courts, which are courts of general jurisdiction. Alabama has 41 judicial circuits encompassing all 67 counties in the state. Each circuit court has a family law or domestic relations division (in larger counties) or handles divorce cases as part of its general civil docket (in smaller counties). Under Alabama Code §30-2-1(a), the circuit court has the exclusive power to divorce persons from the bonds of matrimony. The specific circuit court where you file depends on venue rules. Generally, you file in the county where the defendant resides, or in the county where both spouses lived at the time of separation. If the defendant is a nonresident of Alabama, you may file in the county where you currently reside. Larger counties such as Jefferson County (Birmingham), Madison County (Huntsville), Mobile County, and Montgomery County have dedicated domestic relations divisions with judges who handle family law matters exclusively. In smaller counties, a single circuit judge may handle all types of civil cases, including divorce. If either party is dissatisfied with the circuit court's decision, they may appeal to the Alabama Court of Civil Appeals, which reviews family law cases. Further appeal may be taken to the Alabama Supreme Court, though the Supreme Court has discretionary review and accepts only a limited number of cases. However, the vast majority of divorce cases are resolved at the circuit court level without appeal. District courts in Alabama do not have jurisdiction over divorce cases—they handle only certain matters such as protection from abuse orders, which may arise in connection with a divorce but are separate proceedings. Some counties also have specific local rules and standing orders that apply to all domestic relations cases filed in that circuit. For example, the Mobile County Domestic Relations Court follows specific 'Parenting Guidelines' and 'Standing Pretrial Orders' that govern how parents must conduct themselves during litigation. It is important to check with the clerk of the circuit court in your county to understand any local rules that may apply to your case.

Alabama imposes a mandatory 30-day waiting period after a Complaint for Divorce is filed before the court can issue a final judgment of divorce. This requirement is set forth in Alabama Code §30-2-8.1. The waiting period serves as a 'cooling off' period, giving the parties time to reconsider their decision or work toward a settlement. Even if both spouses agree on all issues and the divorce is completely uncontested, the court cannot finalize the divorce before this 30-day period has elapsed. Alabama does not require a period of separation before filing for divorce. Unlike some states that mandate spouses live apart for six months or a year before filing, Alabama allows you to file for divorce at any time as long as you have valid grounds and meet the residency requirements. This is a significant distinction—you can continue living under the same roof and still file for divorce in Alabama. After the divorce is finalized, Alabama imposes an additional restriction on remarriage. Under Alabama Code §30-2-10, neither party may remarry until 60 days after the entry of the final judgment of divorce. This 60-day remarriage waiting period is separate from the 30-day pre-judgment waiting period. In total, the minimum timeline from filing to being eligible to remarry is approximately 90 days (30 days to finalize plus 60 days before remarriage), assuming an uncontested divorce with no complications. For contested divorces, the timeline extends well beyond the 30-day minimum. The defendant generally has 30 days to file a response after being served. If issues such as property division, child custody, or alimony are disputed, the case may involve discovery, mediation, hearings, and potentially a trial. Contested divorces in Alabama commonly take six months to two years or more to resolve, depending on the complexity and level of conflict.