Alabama Divorce Laws

Alabama divorce law defines who can get divorced in the state, and where you must file for divorce. If you are a bona fide resident of Alabama, you may file for divorce in Alabama. If you are a non-resident and wish to file for divorce, the person you wish to divorce must have been a bona fide resident of Alabama for the previous six months.

How To File for Divorce in Alabama

Divorce filings take place in Alabama circuit courts. If you are a resident of Alabama, you may file for divorce in the circuit court of the county where the defendant (your spouse) lives, or in the county where you and your spouse resided when you separated. For instance, if you and your spouse lived in Mobile, but your spouse now lives in Selma, you may file in either Mobile County or Dallas County.

If you are not a resident of Alabama, you may file for divorce in the county where the other party to the divorce resides.

Grounds for Divorce in Alabama

You can file for divorce in Alabama on grounds that both parties agree to, or on grounds that you wish to prove to the court.

No-Fault Divorce

No-fault divorces are granted on the following grounds:

• Irreconcilable differences
• Incompatibility of temperament
• Abandonment of bed and board.

In other words, if you cannot live together, whether you're in Mobile or Montgomery, you're eligible to file for divorce in Alabama. If you are hoping to get a fast divorce in Alabama, and both you and your spouse want a divorce, you should probably file for a no-fault divorce.

Fault divorces are generally granted to one spouse on grounds that the other spouse has wronged them. These grounds include

• Violence or spousal abuse
• Incarceration
• Confinement in a mental hospital
• Substance abuse
• The wife's pregnancy with another man's child at the time of marriage (when the husband files for divorce)

Filing for Divorce in Alabama

To initiate a divorce in Alabama, you'll file a Complaint for Divorce with the County Clerk's Office of the Circuit Court. You'll be the plaintiff and your spouse will be the defendant.

There is a 30-day waiting period, in Alabama, between the time the divorce complaint is filed and the effective date of the divorce. If you and your spouse are agreed in filing a no-content, or no-fault, divorce, you may wish to enter the complaint while you're still discussing and negotiating terms, so that you can speed the process along by including the waiting period in your negotiation time.

Property Distribution

Alabama is an "equitable distribution state," but you should be aware that equitable does not necessarily mean equal, but rather fair. If you and your spouse cannot agree on a distribution, the court will distribute the property. Any property acquired before the marriage, and gifts and inheritances belonging only to one spouse, are not considered marital property under Alabama divorce laws.

Alabama Alimony Law

The court will decide on a case-by-case basis whether to award spousal support. In deciding whether and how much to award, the court will consider marital property and 50% of retirement benefits if the marriage lasted ten years or more.

Child Custody and Support

Alabama divorce courts seek to minimize the emotional trauma of divorce for minor children. Parents are encouraged to agree to a child custody arrangement, but if they cannot, the court will establish a custody agreement under Alabama family law. The court will also determine child support using state support guidelines.

Alabama Divorce Lawyers

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