Divorce Resources in Alabama: Court Forms, Legal Aid & Filing Guide

To file for divorce in Alabama, you must file a Divorce Complaint (Form PS-08) with the Circuit Court clerk in the county where either spouse resides. Alabama requires at least one spouse to have been a bona fide resident of the state for six months immediately before filing, as mandated by Ala. Code § 30-2-5. You must select legal grounds under Ala. Code § 30-2-1, which recognizes nine grounds including the most common no-fault ground of "incompatibility of temperament." The base filing fee is $145, though county surcharges typically bring the total to $200–$400. You may file electronically through AlaFile at efile.alacourt.gov or in person at the courthouse. Payment must be by cash, money order, or cashier's check — personal checks are generally not accepted.

After filing, you must serve the defendant spouse with a copy of the Complaint. Service may be completed by the county sheriff, a private process server, or certified mail. If both parties agree, the defendant may sign an Answer and Waiver of Service (Form PS-21) to avoid formal service. Sheriff service fees range from $20 to $50 depending on the county, governed by local laws under Ala. Code Title 45. The defendant then has 30 days from the date of service to file a written response. If no response is filed and the case involves no minor children or shared assets, you may file a Request for Divorce Judgment by Default (Form PS-10).

Alabama imposes a mandatory 30-day waiting period from the filing date before any final divorce decree may be entered, pursuant to Ala. Code § 30-2-8.1. For uncontested divorces, both parties submit a signed Settlement Agreement and Affidavit of Testimony. The judge reviews all documents and enters the Final Judgment of Divorce (Form C-57). In cases involving minor children, both parents must file the Child Support Obligation Income Statement/Affidavit (Form CS-41) and Child Support Guidelines Form (CS-42) as required by Rule 32, Alabama Rules of Judicial Administration. After the divorce is granted, Ala. Code § 30-2-10 imposes a 60-day waiting period before either party may remarry.

Alabama does not have a statewide statute mandating parenting education classes in all divorce cases. However, under Alabama House Bill 374, circuit courts may order a four-hour parenting education class for couples with children under 16 years of age when the judge determines it serves the best interest of the minor children. Many counties, including Calhoun County, have adopted local court rules making parenting classes mandatory in all divorces involving minor children. Classes typically cost $25–$75 and cover topics including the impact of divorce on children, co-parenting communication, and developmental needs. Some counties specifically require in-person attendance and reject online course certificates. Contact your local Circuit Court clerk to confirm whether your county requires a parenting education class before entry of the final divorce decree.

Alabama courts may order mediation in divorce cases under Ala. Code § 6-6-20 (Alabama Mandatory Mediation Act). A judge may refer parties to mediation if one party requests it or if the court determines mediation would be beneficial. Many Alabama circuit courts require mediation in contested custody and parenting disputes before allowing the case to proceed to trial. Mediation involves a neutral third party who facilitates negotiations between the spouses to reach a settlement agreement. If mediation is successful, the parties sign a binding agreement resolving property division, custody, and support issues. There is an important exception: mediation shall not be ordered in cases involving domestic violence or abuse, where the safety of a party would be compromised. Mediation costs are typically shared equally between the parties and range from $2,000 to $6,000 total. The Alabama ADR Center provides a roster of certified mediators at judicial.alabama.gov/mediation.

Alabama requires financial disclosure in divorce cases, particularly when child support or alimony is at issue. Under Rule 32, Alabama Rules of Judicial Administration, both parties must complete and file the Child Support Obligation Income Statement/Affidavit (Form CS-41) in every case where child support is requested. This sworn affidavit requires disclosure of all income sources including wages, bonuses, commissions, self-employment income, rental income, dividends, interest, annuities, capital gains, and Social Security benefits. Both parties must also complete the Child Support Guidelines Form (CS-42) to calculate the presumptive child support amount. Parties are required to maintain all income documentation used in preparing the affidavit, including the most recent income tax return, and such documentation must be made available as directed by the court. Failure to disclose assets or income, or providing false information on a sworn affidavit, can result in contempt of court sanctions and may invalidate settlement agreements. Individual counties may require additional financial disclosure forms.