Written by Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Alabama Divorce Law
How long does divorce take in Alabama? An uncontested divorce in Alabama can be finalized in as little as 30 to 60 days, thanks to the state's mandatory 30-day waiting period under Ala. Code § 30-2-8.1. Contested divorces involving disputes over custody, property, or alimony typically take six months to over a year. Your divorce timeline depends on cooperation between spouses, case complexity, and the local court's docket.
This guide is for informational purposes only and does not constitute legal advice. Consult a licensed Alabama attorney for guidance specific to your situation.
Understanding the Alabama Divorce Process
Alabama divorce cases are civil actions filed in the state's circuit courts. There are 21 separate judicial circuits across the state, and the one in which you file depends on residency and other jurisdictional factors. Before you can begin to estimate how long your divorce will take in Alabama, you need to understand each stage of the process, from satisfying the residency requirement to receiving a final decree.
Alabama recognizes both no-fault and fault-based grounds for divorce under Ala. Code § 30-2-1. The two primary no-fault grounds are:
- Incompatibility of temperament, meaning the parties can no longer live together (Ala. Code § 30-2-1(7))
- Irretrievable breakdown of the marriage, meaning further attempts at reconciliation are impractical or futile and not in the best interests of the parties or family (Ala. Code § 30-2-1(9))
Fault-based grounds include adultery, voluntary abandonment for one year, imprisonment, habitual drunkenness or drug addiction, the commission of a crime against nature, and certain other causes listed in the statute. The grounds you choose can directly affect the divorce duration, because fault-based divorces require the plaintiff to present evidence and prove allegations, which lengthens the process considerably.
Residency Requirements for Filing in Alabama
Before filing for divorce in Alabama, you must satisfy the state's residency requirements. These are governed by Ala. Code § 30-2-5 and vary depending on where each spouse lives at the time of filing:
- If both spouses are residents of Alabama, a divorce can be filed at any time with no minimum residency period.
- If only the filing spouse (plaintiff) is an Alabama resident and the other spouse (defendant) lives out of state, the plaintiff must have been a bona fide resident of Alabama for at least six months immediately before filing.
- If only the defendant is a resident of Alabama, the plaintiff may file at any time.
Alabama courts interpret residency to mean more than simply having a mailing address in the state. You must live in Alabama and intend to remain there. If you are only in the state temporarily for job training, schooling, or a similar purpose, you may not meet the residency standard. Filing before the six-month mark when required can result in dismissal for lack of subject matter jurisdiction, meaning any divorce order entered could be considered void.
Military service members stationed in Alabama may establish residency through their military identification showing Alabama as their home state, along with other documentation showing ties to the state.
The Mandatory 30-Day Waiting Period
Alabama imposes a mandatory waiting period before any divorce can be finalized. Under Ala. Code § 30-2-8.1, a court shall not enter a final judgment of divorce until after the expiration of 30 days from the date the summons and complaint are filed. This 30-day divorce waiting period applies to all divorces, whether contested or uncontested, fault-based or no-fault.
The purpose of this cooling-off period is twofold. First, it gives both spouses time to reflect on the decision and consider whether reconciliation is possible. Second, it allows the parties to prepare for the legal proceedings ahead, including consulting legal counsel, negotiating key issues like custody and property division, and gathering financial documents.
During the waiting period, the court retains the power to enter temporary orders as needed. Under Ala. Code § 30-2-8.1(b), these temporary orders may address custody, child support, spousal support, visitation, exclusive occupancy of the marital residence, or restraining orders to protect either party.
It is important to note that while there is no mandatory separation period before filing for divorce in Alabama, there is a mandatory post-divorce waiting period for remarriage. Under Ala. Code § 30-2-10, neither party may remarry until 60 days have passed since the entry of the divorce judgment.
How Long Does an Uncontested Divorce Take in Alabama?
An uncontested divorce is the fastest path to ending a marriage in Alabama. You and your spouse file an uncontested divorce when you agree on all major issues, including:
- Division of marital property and debts
- Child custody and a parenting plan
- Child support
- Spousal support (alimony)
- Any other relevant matters
In an uncontested case, your attorney submits the complaint along with a signed settlement agreement. If the defendant spouse signs an Answer, Waiver, and Consent, formal service of process can be bypassed entirely. After the paperwork is filed and the 30-day waiting period expires, a judge reviews the settlement agreement and, if everything is in order, signs the final decree.
Typically, an uncontested divorce in Alabama can be finalized within 30 to 60 days after filing. The actual divorce timeline depends on factors such as how quickly paperwork is completed, how busy the court docket is, and whether the county uses commissioners or judges to review uncontested cases. Some counties finalize uncontested matters right at the 30-day mark; others may take several additional weeks for administrative processing.
How Long Does a Contested Divorce Take in Alabama?
A contested divorce arises when the spouses cannot agree on one or more major issues. These cases are more expensive, more emotionally draining, and significantly longer in divorce duration. Contested divorces in Alabama commonly take anywhere from six months to well over a year to resolve, and particularly complex cases involving substantial assets, business valuations, or heated custody disputes can stretch to 18 months or longer.
Here is a general timeline for contested divorces:
- Filing and service (Weeks 1-4): The plaintiff files the complaint with the circuit court and pays the filing fee. The defendant must then be served, either through the sheriff's office, a private process server, or certified mail.
- Response period (Days 1-30 after service): The defendant has 30 days from the date of service to file a formal answer with the court.
- Discovery (Months 2-6): Both parties exchange financial documents, asset valuations, and other relevant information. This phase may involve interrogatories, requests for production of documents, depositions, and subpoenas.
- Mediation or settlement negotiations (Months 4-8): Many Alabama judges require or encourage mediation before trial. Couples attempt to reach an agreement on contested issues with the help of a neutral mediator.
- Pre-trial motions and hearings (Months 6-10): If mediation fails, the parties may file various motions. The court may schedule pre-trial conferences.
- Trial (Months 8-12+): The case goes to trial, where both sides present evidence and testimony. The judge then issues a ruling on all disputed matters.
- Final decree: After trial, the judge enters the final judgment of divorce. This may happen on the day of trial or weeks later, depending on the complexity of the ruling.
The total divorce duration in a contested matter is heavily influenced by the local court's schedule, the number of disputed issues, and whether either party engages in delay tactics. If you are wondering how long does divorce take in Alabama in a contested scenario, plan conservatively for at least 9 to 12 months, and do not be surprised if it extends beyond that.
Filing Fees and Court Costs
Divorce filing fees in Alabama vary by county but generally range from $200 to $400. Here are some representative examples:
- Jefferson County: approximately $199 filing fee, plus a $10 service fee for the Sheriff's office
- Madison County: approximately $324 to $344, depending on the method of service
- Other counties: fees typically fall in the $200 to $300 range
As of February 2025. Verify with your local clerk, as fees change periodically and additional costs may apply for e-filing, certified copies, or other filings.
Additional costs beyond the filing fee may include:
- Service of process fees (sheriff or private process server)
- Mediation costs
- Guardian ad litem fees (if child custody is disputed)
- Attorney fees (flat-fee packages for uncontested cases may start around $349 to $1,500; contested cases can cost $12,000 to $20,000 or more)
- Expert witness fees (appraisers, forensic accountants, custody evaluators)
If you cannot afford filing fees, you may request a fee waiver by submitting an Affidavit of Substantial Hardship (Form C-10-Civil) with the clerk at the time of filing.
Grounds for Divorce in Alabama
Under Ala. Code § 30-2-1, the circuit court may grant a divorce for the following causes:
No-Fault Grounds:
- Incompatibility of temperament (§ 30-2-1(7))
- Irretrievable breakdown of the marriage (§ 30-2-1(9))
Fault-Based Grounds:
- Physical incapacity at the time of marriage (§ 30-2-1(1))
- Adultery (§ 30-2-1(2))
- Voluntary abandonment for one year (§ 30-2-1(3))
- Imprisonment for two years with a sentence of seven years or longer (§ 30-2-1(4))
- Crime against nature (§ 30-2-1(5))
- Habitual drunkenness or drug addiction contracted after marriage (§ 30-2-1(6))
- Confinement in a mental hospital for five successive years with a finding of hopeless and incurable insanity (§ 30-2-1(8))
- Pregnancy of the wife at the time of marriage without the husband's knowledge (§ 30-2-1(10))
Most divorces in Alabama are filed on no-fault grounds because neither party is required to prove wrongdoing, making the process faster and less adversarial. Choosing a no-fault ground like irretrievable breakdown or incompatibility significantly reduces the divorce timeline compared to a fault-based case.
Property Division and Alimony
Alabama is an equitable distribution state. This means the courts divide marital property and debts in a manner that is fair and equitable, though not necessarily on a 50/50 basis. Property acquired before the marriage, or received as a gift or inheritance, is generally considered separate property, unless it has been commingled with marital assets.
Under Ala. Code § 30-2-51, a judge may order an allowance out of one spouse's estate to the other spouse, taking into account the value of the estate and the condition of the spouse's family. Retirement benefits earned during the marriage are considered part of the marital estate and are subject to equitable division under Ala. Code § 30-2-51(b).
Alabama recognizes two primary types of alimony under Ala. Code § 30-2-57:
- Rehabilitative alimony: Temporary support designed to help the lower-earning spouse become self-sufficient. It is limited to five years.
- Periodic alimony: Ongoing support awarded when the court determines the receiving spouse will not be able to achieve a comparable standard of living within five years.
Disputes over property division and alimony are among the most common causes of extended divorce duration. Reaching a negotiated agreement on these issues, even in an otherwise contested case, can significantly reduce how long your divorce takes in Alabama.
Child Custody and Support
When minor children are involved, the court must address custody and child support before finalizing the divorce. Alabama courts use the best interests of the child standard when making custody determinations. Both parents can seek sole or joint custody, and the court considers a variety of factors, including each parent's ability to provide for the child, the child's existing relationships, and any history of domestic violence.
Child support in Alabama is calculated using the Alabama Child Support Guidelines, as outlined in Rule 32 of the Alabama Rules of Judicial Administration. The guidelines take into account both parents' income, the number of children, healthcare costs, childcare expenses, and the custody arrangement.
Custody and support disputes add substantial time to the divorce process. Cases involving contested custody often require custody evaluations, guardian ad litem appointments, parenting coordination, and sometimes psychological assessments, all of which extend the overall timeline.
Step-by-Step Divorce Process in Alabama
Here is a summary of the key steps in an Alabama divorce, from start to finish:
- Confirm residency requirements: Verify that you or your spouse meets Alabama's residency threshold under Ala. Code § 30-2-5.
- Determine grounds: Decide whether to file on no-fault or fault-based grounds under Ala. Code § 30-2-1.
- Prepare and file the complaint: Complete all required forms and file the Complaint for Divorce with the Circuit Court Clerk in the appropriate county. You may file in person or through Alabama's AlaFile e-filing system.
- Pay the filing fee: Filing fees generally range from $200 to $400 depending on the county. Submit a hardship waiver if applicable.
- Serve the defendant: The defendant must be served with the divorce papers unless they sign an Answer and Waiver. Service may be completed by sheriff, process server, or certified mail.
- Defendant responds: The defendant has 30 days from service to file an answer.
- Negotiate, mediate, or litigate: In uncontested cases, submit your settlement agreement for court approval. In contested cases, proceed through discovery, mediation, and potentially trial.
- Wait 30 days: The court cannot enter a final judgment until the 30-day waiting period under Ala. Code § 30-2-8.1 has expired.
- Obtain the final decree: The judge reviews all submissions and signs the final divorce decree.
- Observe the 60-day remarriage restriction: Under Ala. Code § 30-2-10, neither party may remarry until 60 days after the divorce judgment is entered.
Factors That Affect How Long Divorce Takes in Alabama
Several factors directly influence the divorce timeline:
- Type of divorce: Uncontested divorces are resolved in 30 to 60 days, while contested divorces typically take 6 to 12+ months.
- Level of cooperation: Spouses who communicate and negotiate in good faith resolve their cases far more quickly.
- Complexity of assets: High-asset divorces involving business valuations, real estate portfolios, or retirement accounts require more time for discovery and expert analysis.
- Custody disputes: Contested custody matters add months to the process.
- Court docket: Some Alabama counties have busier family courts than others. Urban circuits like Jefferson County tend to have heavier caseloads.
- Attorney preparation: Working with an experienced family law attorney who files documents promptly and meets deadlines helps avoid unnecessary delays.
FAQs About Alabama Divorce Timelines
What is the minimum time to get a divorce in Alabama?
The absolute minimum is 30 days from the date the complaint and summons are filed, as required by Ala. Code § 30-2-8.1. In practice, even the simplest uncontested divorce typically takes 30 to 60 days because of administrative processing time and court scheduling. If both parties have all paperwork ready, sign all waivers, and the court has availability, finalization at or near the 30-day mark is possible.
Do I need to be separated before filing for divorce in Alabama?
No. Alabama does not require a mandatory period of separation before filing for divorce. You and your spouse may continue to live under the same roof and still file for divorce. However, if you are filing on the fault ground of voluntary abandonment under Ala. Code § 30-2-1(3), the abandoning spouse must have been absent for one year before the complaint is filed.
How long does an uncontested divorce take in Alabama?
An uncontested divorce can typically be finalized within 30 to 60 days of filing. The mandatory 30-day waiting period is the minimum, and actual completion depends on how quickly both parties sign documents, how the county processes uncontested cases, and the judge's or commissioner's schedule.
How long does a contested divorce take in Alabama?
Contested divorces in Alabama generally take six months to over a year. Cases involving significant assets, business interests, or contentious custody disputes can last 18 months or more. The timeline depends on the discovery process, whether mediation is successful, court scheduling, and whether the case proceeds to trial.
What are the filing fees for divorce in Alabama?
Filing fees vary by county and generally range from $200 to $400. For example, Jefferson County charges approximately $199 plus service fees, while Madison County charges approximately $324 to $344. Additional costs apply for service of process, certified copies, and any supplemental filings. As of February 2025. Verify with your local Circuit Court Clerk, as fees are subject to change.
Can I file for divorce in Alabama if my spouse lives out of state?
Yes, but you must meet additional residency requirements. Under Ala. Code § 30-2-5, if the defendant is a nonresident, the plaintiff must have been a bona fide resident of Alabama for at least six months immediately preceding the filing. You would then file in the county where you reside.
What is the difference between no-fault and fault-based divorce in Alabama?
A no-fault divorce is based on incompatibility of temperament (Ala. Code § 30-2-1(7)) or irretrievable breakdown of the marriage (Ala. Code § 30-2-1(9)). Neither party must prove wrongdoing. A fault-based divorce requires the plaintiff to prove specific misconduct, such as adultery, abandonment, addiction, or other grounds listed in Ala. Code § 30-2-1. Fault-based divorces take longer because they require gathering and presenting evidence at trial. They may also affect property division and alimony, as a judge can consider marital misconduct under Ala. Code § 30-2-52.
How is property divided in an Alabama divorce?
Alabama is an equitable distribution state. Marital property is divided fairly but not necessarily equally. Under Ala. Code § 30-2-51, the judge considers the value of the marital estate, each spouse's contributions, and the condition of the parties. Property acquired before the marriage or received by gift or inheritance is generally separate property, unless it has been commingled with marital assets. Retirement benefits earned during the marriage are part of the marital estate and subject to division.
Can I get alimony in Alabama?
Alimony is not guaranteed. The court considers whether either spouse can maintain the standard of living enjoyed during the marriage. Under Ala. Code § 30-2-57, Alabama courts may award rehabilitative alimony (limited to five years) to help a spouse become self-sufficient, or periodic alimony for longer-term support if the court determines self-sufficiency cannot be achieved within five years.
How long after a divorce in Alabama can I remarry?
Under Ala. Code § 30-2-10, neither party may remarry until 60 days have passed since the entry of the final judgment of divorce. This restriction applies even if no appeal is filed.
Disclaimer: This guide is provided for general informational purposes only and does not constitute legal advice. Alabama divorce laws are subject to change. For legal counsel tailored to your specific circumstances, consult a licensed Alabama family law attorney. Filing fees referenced are approximate figures as of February 2025 and should be verified directly with the relevant county Circuit Court Clerk.