Divorce in Alabama

How to file for divorce in Alabama

1. Check residency. No minimum if both spouses live in Alabama; 6 months if only one spouse is a resident.
2. Prepare and file the Complaint for Divorce with the Circuit Court in your county. The filing fee is typically $200 to $500, and you can ask for a fee waiver if you cannot afford it.
3. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
4. Exchange financial disclosures. Cases involving children require child support income affidavits and worksheets (Forms CS-41, CS-42, and CS-43); there is no single mandatory statewide financial disclosure form for all cases.
5. Settle the issues in a written agreement, and a parenting plan if you have children.
6. Wait out the waiting period. 30 days from filing, cannot be waived. Then ask the court for your final judgment.

Residency and grounds

Residency: No minimum if both spouses live in Alabama; 6 months if only one spouse is a resident.

Grounds: No-fault and fault. Most people still file on no-fault grounds, which is simpler and usually cheaper.

Separation: None required for a no-fault divorce.

How property is divided

Alabama uses equitable distribution. Marital property and debts are divided fairly, which often lands near equal but not always. Courts weigh things like the length of the marriage, each spouse's income and earning capacity, and contributions as a homemaker. Read how property is divided.

Custody and child support

Parenting terms: Alabama uses the terms legal custody and physical custody. Every decision is made in the child's best interests.

Parenting class: By county; most counties require both parents to complete a parenting class before finalizing a divorce with minor children.

Child support: Alabama uses the income shares model, which combines both parents' incomes, estimates what parents at that income usually spend on children, and divides that amount by each parent's share of income. Try the child support calculator.

Spousal support

Alimony is discretionary, not automatic, with temporary, rehabilitative, periodic, and lump-sum types; periodic alimony ends automatically if the receiving spouse remarries or cohabitates.

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

Alabama does not have a separate simplified procedure, but an uncontested divorce with a signed agreement is fast and inexpensive.

Legal separation: available in Alabama, for couples who want support and parenting orders without ending the marriage.

How long it takes

The minimum is set by the waiting period: 30 days from filing, cannot be waived. A typical timeline is 30 to 90 days uncontested; 12 months or more contested. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in Alabama

• Alabama has no statewide filing fee; costs are set by county and typically run $200 to $500.
• As of January 1, 2026, joint legal and physical custody is presumed to be in a child's best interest.
• Fault grounds (adultery, abandonment, cruelty, and others) remain available alongside the no-fault ground of incompatibility or irretrievable breakdown.

Some local details vary by county in Alabama, including filing fee. Check with your county clerk.

Official resources

Official forms and instructions come from Alabama's courts. Sources we reviewed:

• judicial.alabama.gov
• alabamacourts.org

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.