Complete Guide to Divorce in Alabama (2026)

By Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Alabama Divorce Law

Divorce in Alabama requires at least one spouse to be a state resident (six months if the other spouse lives out of state), carries filing fees of $200 to $400 depending on the county, and imposes a mandatory 30-day waiting period before the court issues a final decree. Alabama is an equitable distribution state, recognizes both fault and no-fault grounds, and favors joint custody when both parents agree.

This guide is for informational purposes only and does not constitute legal advice. Consult a licensed Alabama attorney for guidance on your specific situation.

Overview of Divorce in Alabama

Alabama handles all divorce cases through its Circuit Courts, which serve as the state's trial-level courts of general jurisdiction. There are 41 judicial circuits spanning Alabama's 67 counties, each with a domestic relations division or family law docket that processes divorce filings.

Several features make divorce in Alabama distinctive compared to other states. Alabama is one of the few states that still maintains a broad array of fault-based grounds alongside no-fault options. The state also has a relatively short 30-day mandatory waiting period, and its alimony laws were significantly reformed in recent years to impose durational limits on spousal support.

Here is a quick-reference summary of the key facts:

• Filing Fee: $200 to $400 depending on the county (as of February 2026; verify with your local clerk)
• Residency Requirement: At least one spouse must reside in Alabama; six months if the other spouse is a non-resident
• Waiting Period: 30 days from the date of filing before a final decree can be issued
• Grounds: Both fault and no-fault (irretrievable breakdown or incompatibility)
• Property Division: Equitable distribution
• Custody Standard: Best interests of the child; joint custody preferred

Residency Requirements

Before a court in Alabama can grant a divorce, certain residency conditions must be satisfied. The rules differ depending on where each spouse lives.

Under Ala. Code § 30-2-5, when the defendant (the non-filing spouse) is a non-resident of Alabama, the plaintiff (the filing spouse) must have been a bona fide resident of the state for at least six months immediately before filing the complaint. This durational requirement must be both alleged in the complaint and proven to the court.

However, the residency landscape is more nuanced than many people realize. According to Alabama law, if both spouses are residents of Alabama, a divorce can be filed at any time without any durational waiting period. Likewise, if only the defendant resides in Alabama but the plaintiff lives in another state, the plaintiff may file in Alabama at any time.

Residency in Alabama means more than simply being physically present. Alabama law requires that you both live in the state and intend to remain there. A person temporarily stationed in Alabama for job training or schooling, without the intent to stay, may not satisfy the residency requirement.

Venue (the specific county where you file) is governed by Ala. Code § 30-2-4. You generally file in the county where the defendant resides, or the county where both spouses lived at the time of separation. If the defendant is a non-resident, you may file in the county where you currently live.

Grounds for Divorce in Alabama

Alabama recognizes both no-fault and fault-based grounds for divorce. Under Ala. Code § 30-2-1, the circuit court has the power to dissolve a marriage for any of the following causes:

No-Fault Grounds:

1. Incompatibility of temperament such that the parties can no longer live together (Ala. Code § 30-2-1(a)(7))
2. Irretrievable breakdown of the marriage, where further attempts at reconciliation are impractical or futile and not in the best interests of the parties or family (Ala. Code § 30-2-1(a)(9))

Fault-Based Grounds:

1. Physical incapacity at the time of marriage to enter the marital state (Ala. Code § 30-2-1(a)(1))
2. Adultery (Ala. Code § 30-2-1(a)(2))
3. Voluntary abandonment from bed and board for one year preceding the filing (Ala. Code § 30-2-1(a)(3))
4. Imprisonment in a penitentiary for two years under a sentence of seven years or longer (Ala. Code § 30-2-1(a)(4))
5. Commission of a crime against nature (Ala. Code § 30-2-1(a)(5))
6. Habitual drunkenness or habitual use of opium, morphine, cocaine, or similar drugs contracted after marriage (Ala. Code § 30-2-1(a)(6))
7. Confinement in a mental hospital for five successive years with incurable insanity (Ala. Code § 30-2-1(a)(8))
8. Wife pregnant at the time of marriage without the husband's knowledge (available only to the husband) (Ala. Code § 30-2-1(a)(10))

A unique aspect of Alabama law is that when a judgment of divorce is entered, it is deemed awarded to both parties to the marriage under Ala. Code § 30-2-1(b), regardless of who filed or on what grounds.

It is also worth noting that Alabama law under Ala. Code § 30-2-3 provides that a divorce should be refused where there is collusion between the parties or condonation of the misconduct alleged.

Contested vs. Uncontested Divorce

The path your divorce in Alabama takes will largely depend on whether you and your spouse agree on all key issues.

Uncontested Divorce:

An uncontested divorce occurs when both spouses agree on all material terms, including property division, debt allocation, child custody, child support, and alimony. These cases are faster, less expensive, and can often be resolved without a courtroom hearing. Many Alabama circuit courts allow uncontested divorces to be finalized through a commissioner or on the papers alone, particularly when no minor children are involved. Uncontested divorces typically resolve in five to ten weeks.

Contested Divorce:

A contested divorce arises when the spouses disagree about one or more issues. These cases require formal pleadings, discovery, potentially mediation, and possibly a trial before the circuit court judge. Contested divorces can take a year or longer to resolve and involve substantially higher legal costs.

Even cases that begin as contested can become uncontested if the parties reach a settlement agreement through negotiation or mediation before trial.

Property Division in Alabama

Alabama follows the equitable distribution model for dividing marital property during divorce. This means that marital assets and debts are divided fairly, but not necessarily equally.

Alabama is not a community property state. Instead, the court exercises broad discretion to divide property in a manner it deems just and equitable based on the circumstances of each case.

The first step in property division is distinguishing between marital property and separate property. Marital property generally includes any assets acquired by either spouse during the marriage, regardless of how they are titled. Separate property includes assets owned before the marriage, inheritances received by one spouse, and gifts made to one spouse individually. The court generally cannot award one spouse's separate property to the other.

However, separate property can lose its protected status through commingling. For example, if an inheritance is deposited into a joint bank account or used to purchase a marital home, it may be reclassified as marital property subject to division.

When dividing property, Alabama courts consider multiple factors, including:

• The length of the marriage
• The age and health of each spouse
• Each spouse's income and earning potential
• Non-financial contributions to the marriage, such as homemaking and child-rearing
• The standard of living established during the marriage
• Tax consequences of the proposed division
• Custody arrangements and child-related needs
• Marital misconduct, particularly if it financially harmed the other spouse

Retirement accounts, pensions, and 401(k) plans earned during the marriage are considered marital property. Dividing these accounts typically requires a Qualified Domestic Relations Order (QDRO), which instructs the plan administrator how to split the funds without triggering early withdrawal penalties.

Prenuptial and postnuptial agreements are enforceable in Alabama, provided they were entered voluntarily, without fraud or coercion, and are not grossly unfair. Such agreements can significantly simplify the property division process.

Child Custody and Visitation

Child custody determinations in Alabama are governed by Title 30, Chapter 3 of the Code of Alabama. The overriding standard for all custody decisions is the best interests of the child.

Alabama law distinguishes between legal custody (the right to make major decisions about the child's education, health, and welfare) and physical custody (where the child physically resides). Both forms of custody can be awarded solely to one parent or jointly to both parents.

Under Ala. Code § 30-3-150, Alabama's stated policy favors joint custody to assure that minor children have frequent and continuing contact with both parents, provided the parents have demonstrated the ability to act in the child's best interest.

Importantly, under Ala. Code § 30-3-152(c), if both parents request joint custody, there is a rebuttable presumption that joint custody is in the best interest of the child. Joint custody must be granted unless the court makes specific findings explaining why it should not be.

The court may also order joint custody without the consent of both parents if it determines that arrangement serves the child's best interests (Ala. Code § 30-3-152(b)).

When determining custody, whether sole or joint, the court considers a wide range of factors:

• The agreement or lack of agreement between the parents
• The parents' past and present ability to cooperate and make joint decisions
• Each parent's willingness 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
• Each parent's home environment, age, character, stability, and physical and mental health
• The child's existing relationship with each parent and with siblings

If a child is over 12 years of age, the court may consider the child's wishes, although the judge retains ultimate decision-making authority based on what serves the child's best interests.

Alabama also has the Parent-Child Relationship Protection Act (Ala. Code §§ 30-3-161 through 30-3-169.10), which governs relocation by a custodial parent. A parent seeking to change the child's principal residence must provide advance notice, and the non-relocating parent may object and request a hearing.

Child Support Guidelines

Child support in Alabama is calculated using Rule 32 of the Alabama Rules of Judicial Administration. This rule establishes guidelines that carry a rebuttable presumption: the amount produced by the formula is presumed to be the correct amount of support unless a party demonstrates that applying the guidelines would be unjust or inequitable.

The guidelines use an income shares model. The basic calculation involves the following steps:

1. Determine each parent's gross income from all sources
2. Subtract preexisting child support obligations and preexisting alimony payments to arrive at each parent's adjusted gross income
3. Combine both parents' adjusted gross incomes
4. Cross-reference the combined adjusted gross income against the Schedule of Basic Child Support Obligations (Appendix to Rule 32) based on the number of children
5. Allocate the basic support obligation between the parents in proportion to their respective shares of the combined income
6. Add costs for health care coverage and work-related childcare

The Rule 32 guidelines were most recently amended effective June 1, 2023, which introduced a new Shared Physical Custody Adjustment (SPCA) for parents who share approximately equal physical custody time. These parents use Form CS-42-S rather than the standard Form CS-42.

The guidelines also include a self-support reserve (SSR) of $981 to ensure that the paying parent retains enough income to meet basic living needs. If the calculated support amount would push the paying parent below this threshold, the court can lower the payment to a minimum of $50 per month. If the obligor has no income and receives only means-tested assistance, a zero-dollar order may be entered.

Child support in Alabama continues until the child reaches 19 years of age, which is Alabama's age of majority. This is notably higher than the age of 18 used by most other states.

Payments are typically made through the Alabama Child Support Payment Center in Montgomery, and the default collection method is income withholding through the employer.

Spousal Support and Alimony

Alabama law provides for several types of alimony, governed by Ala. Code §§ 30-2-50 through 30-2-57. The state does not use a mathematical formula for calculating alimony; instead, the court exercises discretion based on the needs of the receiving spouse and the paying spouse's ability to pay.

Types of Alimony in Alabama:

• Temporary Alimony (Alimony Pendente Lite): Awarded during the pendency of the divorce proceedings to maintain the status quo. Under Ala. Code § 30-2-50, the court may order support suitable to the spouse's estate and the condition in life of the parties. Temporary alimony ends automatically when the final divorce decree is entered.

• Rehabilitative Alimony: Designed to support a spouse while they acquire education or training to become self-supporting. Under Ala. Code § 30-2-57, rehabilitative alimony may not exceed five years except in extraordinary circumstances.

• Periodic Alimony: Ongoing support payments awarded when rehabilitation is not feasible or only partially successful. As a general rule under Ala. Code § 30-2-57(g), periodic alimony may not exceed the length of the marriage, except that if the marriage lasted 20 years or longer, the court has broader discretion.

• Alimony in Gross: A fixed total amount, often payable in installments, that functions more like a property settlement than ongoing support. Alimony in gross is non-modifiable and does not terminate upon remarriage or death.

When determining whether to award rehabilitative or periodic alimony, the court considers factors including:

• Each spouse's assets and marital property received
• Each spouse's liabilities after property division
• The length of the marriage
• Each spouse's age, health, education, and earning capacity
• Contributions one spouse made to the other's career or education
• Whether a spouse has primary custody of a child whose circumstances make outside employment inappropriate
• Any excessive or fraudulent disposition of marital property
• Marital misconduct

A critical point: under Ala. Code § 30-2-57, if there is neither an award of alimony nor a reservation of jurisdiction at the time of divorce, the court permanently loses jurisdiction to subsequently award rehabilitative or periodic alimony. This makes it essential to address alimony during the divorce proceedings even if no immediate award is warranted.

Alimony terminates upon the receiving spouse's remarriage or cohabitation with a partner in a marriage-like relationship under Ala. Code § 30-2-55. The paying spouse must file a petition and provide proof of the remarriage or cohabitation.

Additionally, Alabama imposes a 60-day waiting period after the entry of a divorce judgment before either party may remarry, pursuant to Ala. Code § 30-2-10.

The Filing and Court Process Step by Step

Here is a general outline of how a divorce in Alabama proceeds from start to finish:

1. Confirm Residency and Grounds: Ensure that at least one spouse meets Alabama's residency requirements and that you have legally sufficient grounds for divorce.

2. Prepare and File the Complaint: The filing spouse (plaintiff) prepares a Complaint for Divorce, which must be titled "In re the marriage of [Plaintiff] and [Defendant]" per Ala. Code § 30-2-1. The complaint is filed with the Circuit Court Clerk in the appropriate county along with the filing fee.

3. Pay the Filing Fee: Filing fees range from $200 to $400 depending on the county. If you cannot afford the fee, you may file an Affidavit of Substantial Hardship to request a fee waiver.

4. Serve the Defendant: The non-filing spouse must receive formal notice of the divorce action. Service can be accomplished through the county sheriff, a private process server, or certified mail. In uncontested cases, the defendant may sign a Waiver of Service.

5. Defendant Responds: The defendant generally has 30 days to file an Answer to the Complaint. In uncontested cases, the defendant may file an Answer, Waiver, and Agreement simultaneously.

6. Discovery and Negotiation (Contested Cases): In contested divorces, the parties exchange financial documents and other information through the discovery process. This phase may also include depositions, interrogatories, and requests for production of documents.

7. Mediation: Many Alabama circuit courts require or strongly encourage mediation before trial. A neutral mediator helps the parties attempt to reach a settlement on disputed issues.

8. Parenting Class (If Children Are Involved): Alabama requires divorcing parents of minor children to complete a court-approved parenting education course.

9. Settlement Agreement or Trial: If the parties reach an agreement, they submit a written Settlement Agreement to the court. If they cannot agree, the case proceeds to trial before the circuit court judge. Alabama divorce trials are bench trials (decided by the judge, not a jury).

10. 30-Day Waiting Period: Under Ala. Code § 30-2-8.1, no final judgment of divorce may be entered until at least 30 days have elapsed from the date the complaint was filed.

11. Final Judgment of Divorce: Once all issues are resolved and the waiting period has passed, the court enters the Final Judgment of Divorce. The court will also complete a Certificate of Divorce (Vital Statistics form), which is sent to the Alabama Department of Public Health.

Timeline from Filing to Final Decree

The duration of a divorce in Alabama varies significantly based on complexity:

• Uncontested Divorce (No Children): Approximately 5 to 8 weeks from filing to final decree
• Uncontested Divorce (With Children): Approximately 6 to 10 weeks, as the parenting class requirement and child support calculation add steps
• Contested Divorce: 6 months to 2 or more years, depending on the complexity of disputed issues, court schedules, and the willingness of the parties to negotiate

The absolute minimum timeline is 30 days from the date of filing, due to the mandatory waiting period under Ala. Code § 30-2-8.1. Even if both spouses agree on every issue, the court cannot finalize the divorce before that period expires.

Costs Breakdown

The total cost of a divorce in Alabama depends heavily on the type of case:

• Court Filing Fee: $200 to $400 (varies by county; as of February 2026, verify with your local clerk)
• Service of Process: $10 to $150 (depending on method; sheriff service is generally less expensive than private process servers)
• Parenting Class: Approximately $50 per parent if minor children are involved
• Certified Copies: $5 to $10 each
• Notarization Fees: Vary by provider
• Attorney Fees (Uncontested): $350 to $3,000 for flat-fee representation
• Attorney Fees (Contested): $5,000 to $20,000 or more, depending on complexity
• Mediation: $500 to $3,000 depending on the number of sessions
• Guardian Ad Litem / Custody Evaluator: $2,000 to $5,000 or more if appointed
• Total DIY Uncontested Divorce: Approximately $400 to $650
• Total Contested Divorce: Average approximately $12,500 (no children) to $18,800 (with children) statewide

If you cannot afford representation, Legal Services Alabama provides free legal help to qualifying low-income residents, generally those at or below 125% of the federal poverty level. The Alabama State Bar also operates a Volunteer Lawyers Program in several counties.

What Makes Alabama Unique

Several aspects of Alabama divorce law set it apart from other states:

• Broad Fault Grounds: Alabama retains one of the most extensive lists of fault-based grounds for divorce in the country, including grounds that date back to the 19th century, such as the crime against nature provision and the husband-only ground for the wife's pregnancy at the time of marriage.

• Residency Flexibility: Unlike many states that impose a blanket six-month or one-year residency requirement, Alabama allows immediate filing if both spouses reside in the state or if only the defendant resides in Alabama.

• Age of Majority at 19: Alabama is one of very few states where child support continues until the child turns 19 rather than 18.

• Alimony Reform: The 2018 reform codified at Ala. Code § 30-2-57 imposed durational limits on alimony, generally capping periodic alimony at the length of the marriage, and rehabilitative alimony at five years. This was a significant shift from the prior system, which gave courts broader latitude.

• 60-Day Remarriage Waiting Period: After a divorce is finalized, neither party may remarry for at least 60 days under Ala. Code § 30-2-10. This is an unusual provision not found in most states.

• Divorce Awarded to Both Parties: Under Ala. Code § 30-2-1(b), when a divorce judgment is entered, it is awarded to both parties, regardless of who filed or on what grounds. This is a distinctive statutory provision.

• No Alimony Formula: Unlike child support, Alabama does not use a mathematical formula for calculating alimony. The amount is entirely within the judge's discretion, guided by statutory factors.

Frequently Asked Questions

The following section addresses the most common questions about divorce in Alabama.

How long do I have to live in Alabama before I can file for divorce?

If both you and your spouse are Alabama residents, you can file immediately with no durational requirement. If only you (the plaintiff) live in Alabama and your spouse lives in another state, you must have been a bona fide resident for at least six months before filing, as required by Ala. Code § 30-2-5. If only your spouse (the defendant) resides in Alabama, you can also file at any time.

How much does it cost to file for divorce in Alabama?

Filing fees range from approximately $200 to $400 depending on which of Alabama's 67 counties you file in. As of February 2026, Jefferson County (Birmingham) charges approximately $290, while Mobile County charges approximately $208. These fees are subject to change; always verify with your local Circuit Court Clerk before filing. If you cannot afford the fee, you may request a waiver by filing an Affidavit of Substantial Hardship.

How long does a divorce take in Alabama?

The minimum timeline is 30 days from filing due to the mandatory waiting period under Ala. Code § 30-2-8.1. An uncontested divorce with no children can be finalized in approximately five to eight weeks. Cases involving children typically take six to ten weeks. Contested divorces can take six months to two or more years.

Can I file for divorce without a lawyer in Alabama?

Yes. Alabama allows self-representation (pro se filing). This approach works best for uncontested divorces with no minor children or complex assets. You can obtain forms from your county's Circuit Court website or from alabamalegalhelp.org. However, if your divorce involves contested custody, significant assets, or complicated financial issues, consulting with an attorney is strongly recommended.

Does Alabama require a separation before divorce?

No. Alabama does not require a period of legal separation before filing for divorce. However, voluntary abandonment for one year can be used as a fault-based ground for divorce under Ala. Code § 30-2-1(a)(3). Legal separation (divorce from bed and board) is a separate proceeding available under Ala. Code § 30-2-30 for those who prefer it.

How is property divided in an Alabama divorce?

Alabama uses equitable distribution. Marital property is divided fairly based on factors such as the length of the marriage, each spouse's contributions (financial and non-financial), earning capacity, and the needs of any children. A 50/50 split is not guaranteed. Separate property, including pre-marriage assets and inheritances, generally remains with the original owner unless it has been commingled with marital property.

How is child custody decided in Alabama?

All custody decisions are based on the best interests of the child. Alabama law favors joint custody, and if both parents request it, there is a presumption in its favor under Ala. Code § 30-3-152. The court considers numerous factors, including each parent's ability to cooperate, the child's needs, the home environment, and any history of abuse. Children over 12 may have their preferences considered, but the judge makes the final decision.

How is child support calculated in Alabama?

Child support is calculated using the income shares model under Rule 32 of the Alabama Rules of Judicial Administration. Both parents' adjusted gross incomes are combined, then cross-referenced against the Schedule of Basic Child Support Obligations based on the number of children. The obligation is divided proportionally between the parents. The guidelines were updated effective June 1, 2023, including a new provision for shared 50% physical custody situations.

Can alimony be modified or terminated in Alabama?

Periodic alimony can be modified if there is a material change in circumstances affecting either spouse's need or ability to pay. Under Ala. Code § 30-2-55, periodic alimony must be terminated upon the receiving spouse's remarriage or cohabitation in a marriage-like relationship. Alimony in gross (a fixed lump-sum award) is non-modifiable and does not terminate upon remarriage or death. Rehabilitative alimony is capped at five years unless extraordinary circumstances exist.

What happens to retirement accounts in an Alabama divorce?

Retirement accounts, pensions, and 401(k) plans are considered marital property to the extent that contributions were made during the marriage. The portion earned before the marriage is generally considered separate property. Dividing retirement accounts requires a Qualified Domestic Relations Order (QDRO). Under Alabama law, the court may award up to one-half of retirement benefits when the marriage lasted 10 years or more.

Disclaimer: This guide provides general legal information about divorce in Alabama and is not a substitute for professional legal advice. Laws and procedures change, and individual circumstances vary. Always consult a qualified Alabama family law attorney for advice specific to your situation. Filing fee information is current as of February 2026; verify with your local Circuit Court Clerk before filing.