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Filing for divorce in Alabama

What you file, where you file, what it costs, and the rules that catch people out. Compiled from Alabama court and statute sources.

How to read these entries.

This is general legal information compiled from state court websites, state statutes, and official self-help materials. It is not legal advice, and reading it does not create an attorney-client relationship with anyone.

Why we publish it. Most people meet the family law system once, at the worst moment of their life, knowing nothing about it. That gap is where people get overcharged and poorly served. This page exists so you can walk in already knowing roughly how your state works, ask sharper questions, and recognize when an answer does not sound right. It is here to help you hold your attorney to a standard, not to replace what they do.

Talk to a lawyer licensed in your state. That is the normal path, not a fallback for when something goes wrong. Nothing here can account for the facts of your marriage, your finances, or your children, and those facts are usually what determines the outcome. Many states also have free legal aid and court self-help centers, and we link to them by state.

Verify before you rely on anything. Every entry cites its source. Follow that citation to the official state site and confirm it still says what we say it says, and that it applies to your situation. Filing fees, form numbers, e-filing rules, and local standing orders change frequently, and a form number that was right last year can get your filing rejected today.

The same state can treat you very differently depending on whether your spouse agrees, whether you have minor children, whether you file jointly or alone, and which county or judge hears it. Waiting periods run from filing in some states and from service in others. Deadlines described here as fixed are the statutory default, and a judge may still have narrow discretion in an emergency.

If you are in danger, do not wait on any of these timelines. An order of protection is a separate and much faster process than a divorce, and it does not depend on any waiting period described on this page.

Your roadmap
What you file
PS-08 Complaint for Divorce, stating your grounds and requested relief
Civil Cover Sheet and Summons
PS-09 Testimony of Plaintiff, sworn written testimony that lets a judge decide on paper
Answer and Waiver of Service, signed by your spouse in an uncontested case
Marital Settlement Agreement
ADPH-HS-16 Certificate of Divorce, for vital statistics
CS-41 Income Affidavit, CS-42 Guidelines Worksheet, CS-43 Notice of Compliance, plus a parenting plan, if you have children
CRC-10 Affidavit of Substantial Hardship, the fee waiver
Where you fileCircuit Court clerk in the appropriate county. You can e-file through AlaFile by registering as a pro se filer.
What it costsRoughly $200 to $400 depending on the county, built from a $145 statewide base plus local surcharges. Waivable or deferrable.
The sequence
1. Download the free uncontested divorce packet from the Administrative Office of Courts and pick your grounds. Most people use incompatibility or irretrievable breakdown.
2. File the complaint with the Circuit Court clerk and pay the fee, or file the hardship affidavit.
3. Serve your spouse, or have them sign an Acceptance of Service. In an uncontested case your spouse must sign the answer and waiver, the settlement agreement, and the sworn testimony, plus the child support forms if you have children.
4. If you have children, complete the CS-41, CS-42, and CS-43 forms and a parenting plan.
5. Wait the mandatory 30 days from filing.
6. In most uncontested cases the judge reviews the package on paper and signs the Final Decree with no hearing. Order at least three certified copies.
If your fee waiver is denied and you do not pay within the deadline, your case is dismissed. Note also that Alabama bars either spouse from remarrying a third party for 60 days after the decree. The former spouses may remarry each other. Confirm current county fees with the clerk.
Court forms

Alabama files a Complaint for Divorce in the Circuit Court of the appropriate county. Uncontested cases can often be resolved on paper without a hearing. Filing fees run about $200 to $400 by county, waivable with an in forma pauperis request.

Alabama Judicial System: court self-helpOfficial divorce forms, filing instructions, and in forma pauperis fee-waiver requests.
State rules and gotchas

Your residency requirement depends on who lives where Verified Jul 2026

If both spouses live in Alabama, you can file right away with no minimum residency. If only you live in Alabama and your spouse is out of state, you need six months of bona fide Alabama residency first. If only your spouse lives here, an out-of-state filer can file with no minimum.

Source: Ala. Code Section 30-2-5. Confirm the current rule with the court before relying on it.

A short 30-day wait, and no separation required Verified Jul 2026

Alabama does not require any period of living apart before filing, and the only post-filing delay is a 30-day waiting period before a judge can finalize. That makes an uncontested Alabama divorce one of the quicker ones, often 30 to 60 days start to finish.

Source: Ala. Code Section 30-2-8.1. Confirm with the court.

Fault still counts, and custody now starts at joint Verified Jul 2026

Alabama weighs marital misconduct like adultery when dividing property and awarding alimony, so fault can shift the financial outcome. Alabama has also moved toward a rebuttable presumption favoring joint custody under recent legislation. Because the effective date and scope of that change are recent, confirm the current custody standard with the court or an Alabama attorney before relying on it.

Source: Ala. Code Section 30-2-1 and the 2026 custody reform. Confirm with the court.

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