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Alabama Divorce Records

As experienced in other states in the United States, divorce rates in Alabama have dipped significantly since the 1990s. In 1990, the state recorded 6.1 divorces per 1,000 inhabitants. In 2022, that figure had dropped to 3.2 in the same population size according to the National Vital Statistics System.

Anyone seeking to obtain a divorce record in the state may be able to find it in any of the following forms:

  • Divorce Decree: A divorce decree is an official court document detailing the final judgment and terms of a divorce, including property division, custody arrangements, and support obligations. It is typically prepared by the presiding judge and filed with the circuit court clerk's office in the county where the divorce was granted.
  • Divorce Case Files: These are comprehensive records containing all documents filed during the divorce proceedings, such as petitions, motions, testimonies, and evidence. Divorce case files are compiled throughout the divorce process and maintained by the circuit court clerk's office in the respective county.
  • Divorce Certificate: A divorce certificate summarizes basic information, including the names of both parties involved in the divorce, the divorce date, and the place of the divorce. It is issued by the Vital Records Office of the Alabama Department of Public Health (ADPH). Divorce certificates are created upon the finalization of a divorce and are stored within the state's vital records system.

What Are the Residency Requirements for Divorce in Alabama?

Section 30-2-5 of the Alabama Code states the residency requirement for a person looking to file for divorce in the state. If both spouses are Alabama residents, the state allows a divorce petition to be filed at any time. However, if only the individual filing the petition is a resident of Alabama, and the other spouse resides in another state, the filer must have lived in Alabama for a minimum of six months immediately preceding the divorce filing date.

Also, if only the other spouse lives in Alabama but the individual filing for divorce resides in another state, a divorce may be filed at any time.

What Are the Grounds for Divorce in Alabama?

According to Section 30-2-1 of the Alabama Code, the following are the acceptable grounds for divorce in the state:

  • Adultery
  • Abandonment
  • Imprisonment
  • Crime Against Nature
  • Substance Addiction
  • Incompatibility
  • Mental Illness
  • Marriage Breakdown
  • Pregnancy Fraud
  • Domestic Violence
  • Separation Without Support
  • Impotence

How Much Does It Cost to File for Divorce in Alabama?

The fee for filing a divorce complaint in an Alabama court typically ranges between $200 and $400, depending on the county. However, if a filer is unable to afford these fees, an Affidavit of Indigence or Poverty Affidavit may be filed to request a waiver.

Still, there are other costs associated with completing a divorce process in Alabama. On average, the total cost of an uncontested divorce in Alabama ranges from $11,000 to $13,000. This is lower than the average cost of a divorce nationally, which is estimated between $15,000 and $20,000. In neighboring Georgia, it costs $14,700 and $11,000 on average to complete a divorce case without children. With children, the average costs go up to $22,000 and $16,500 respectively.

Besides filing fees, other costs that may inflate the total cost of finalizing a divorce include:

  • Attorney fees
  • Mediation costs
  • Parenting seminars
  • Expert witnesses
  • Appraisal fees
  • Child custody evaluations
  • Court motion fees

In contrast, the complexities of a contested divorce can increase costs significantly, often reaching $20,000 or more.

How Long Is the Waiting Period for Divorce in Alabama?

There is a mandatory 30-day "cooling-off period" between filing for divorce and the finalization of the case in Alabama. A cooling-off period is the mandatory period after filing a divorce petition in court which couples must wait before the court may finalize the divorce.

Alabama does not require a separation period prior to filing for divorce. A separation period refers to a required period of physical separation (where couples must live apart) before filing for divorce.

How To File for Divorce in Alabama?

If you meet the residency requirement for divorce in Alabama, you may petition for divorce by following these steps:

  • Prepare Divorce Documents: Once you have decided on the grounds for your proposed divorce, you must prepare the necessary divorce documents. These typically include:

    • Divorce Complaint
    • Summons
    • Marital Settlement Agreement (uncontested divorce)
    • Affidavit of Residency

    If underage children are in the marriage, the following forms will be required:

    These forms may be obtained through your county's family court clerk's office or online via the Alabama Courts website.

  • File the Completed Forms: After completing the required documents, file them with the clerk of the circuit court in the county where you or your spouse resides.

  • Serve the Divorce Papers: The next step is to serve the divorce papers on your spouse. Once served, you must file a Proof of Service with the court to document that your spouse has been notified.

    After being served, your spouse has 30 days to respond. If the respondent agrees to the terms, the divorce is uncontested, and no formal answer may be necessary. However, if disputes arise, the respondent must file an Answer and Counterclaim to outline their disagreements, making the divorce contested.

  • Temporary Orders: In contested divorces, either party can request temporary court orders to address issues such as child custody, spousal support, or property use during the proceedings.
  • Mediation: Contested divorces may also require mediation to resolve disputes over custody, support, or property division. This provides a collaborative approach to finding solutions without a court trial. For uncontested divorces, this step is usually unnecessary, as both parties have already agreed on the terms.
  • Finalize the Divorce: The final step involves a court hearing to finalize the divorce. In uncontested cases, the judge reviews and approves the settlement agreement in a brief hearing. In contested divorces, a trial is held where both parties present evidence and arguments, allowing the judge to decide unresolved issues and issue the final divorce decree.

Are Divorce Records Public in Alabama?

Divorce records in Alabama are generally public and are maintained by public offices. Under the Alabama Open Records Act, the public has the right to inspect and obtain copies of records maintained by public agencies or offices in the state.

However, not all divorce records are accessible to the public. If the court determines that making a record public could harm the privacy of one or both parties involved and that the potential damage outweighs the public interest, the court may order the record to be sealed. Similarly, records containing sensitive proprietary business or personal information may also be sealed to protect confidentiality.

How To Get Certified Copies of a Divorce Decree in Alabama?

Divorce decrees and case files may be obtained from the Clerk of Court's Office in the county where the divorce was finalized. Requests may be submitted in person or through a written application. The cost for a certified copy of a divorce decree is typically $0.50 per page.

Divorce Settlement: Is Alabama a 50/50 State?

Alabama does not use the 50/50 property division rule in divorce cases. Instead, the state follows the principle of equitable distribution, which focuses on the division of assets in a fair and equitable but not necessarily equal manner. The court has the discretion to determine what is just and reasonable based on the specific circumstances of each case.

When dividing marital property, Alabama courts evaluate several key factors, such as:

  • The length of the Marriage: Longer marriages often lead to a more equal distribution of assets.
  • Earning Capacities: The current income and future earning potential of each spouse.
  • Contributions to the Marriage: This includes both financial contributions and non-financial efforts, such as homemaking and child-rearing, which are equally valued
  • Age and Health: The physical and emotional condition of each spouse may influence the distribution, especially if one spouse has greater needs.
  • Fault in the Breakdown of the Marriage: In fault-based divorces, misconduct such as adultery or abuse may impact how property is divided.

FAQs about the Divorce Process in Alabama

Here are answers to frequently asked questions about the divorce process in Alabama.

How Do I Modify a Divorce Decree in Alabama?

To modify a divorce decree in Alabama, you must file a motion to modify with the court where the initial decree was issued. If both parties agree to the changes, an Amended Settlement Agreement may be signed, filed, and potentially approved by a judge without a hearing for simple adjustments. For more significant changes, the court may require both parties to present their case.

If only one party seeks a modification, they must file a petition and serve it to their ex-spouse, who has 30 days to respond. The response may either request the denial of the modification or propose additional changes to the agreement. The court then decides whether to approve the requested modifications.

How Do I Enforce a Divorce Decree in Alabama?

Anyone who fails to comply with orders stated in a divorce decree in Alabama may be charged with contempt of court. Hence, if your spouse fails to comply with the divorce decree terms, you may file a motion for contempt with the court that issued the divorce decree. Common reasons why you may take steps for the enforcement of a divorce decree include non-payment of child support or alimony, failure to transfer property or assets, and violation of custody or visitation orders.

After filing the motion with the court, you must serve it with the non-compliant party and attend the scheduled court hearing. At the hearing, the judge will consider the evidence and make a determination on the matter. Remedies that may be imposed on the non-compliant party include payment of overdue amounts, wage garnishments, and fines.

What Are the Restrictions to a Divorce Decree in Alabama?

In Alabama, certain parts of a divorce decree can be modified after the court issues its final judgment, while others are considered permanent and cannot be altered. Modifications are permitted when significant changes in circumstances occur, such as parental relocation, changes in the needs of the child, and significant changes in the income of the parent.

Per Alabama law, child custody and visitation, child support, and spousal support or alimony are modifiable. However, property division and debt allocation are not generally modifiable except in extraordinary circumstances, such as when there are undisclosed assets.

Can I eFile My Divorce in Alabama?

You may e-file your divorce petition in Alabama. However, e-filing is not mandatory in the state. Alabama's e-filing resource is called AlaFile, a web-based application created to allow registered users to file and receive service copies of Alabama court documents electronically.

How Do You Serve Divorce Papers in Alabama?

Divorce papers may be served in Alabama via personal delivery by a sheriff's deputy or professional process server, certified mail with a return receipt requested, or, if your spouse cannot be located, by publishing a notice in a local newspaper with court approval.

Does Alabama Mandate Couples to Participate in Divorce Mediation or Counselling?

Alabama does not universally mandate mediation or counseling for all divorcing couples. However, local court rules in some Alabama counties mandate mediation before issues may be resolved via litigation. Mediation is generally required when there are disputes over issues involving child custody, visitation, and property division.

How Do I Seal My Divorce Records in Alabama?

To seal a divorce record in Alabama, you must file a motion to seal the record with the court requesting the entire or parts of the record to be sealed. The court will review your reasons for seeking sealing and any supporting documentation provided to make a decision on the matter. If the judge is convinced that harm from the public disclosure of the record outweighs the benefits of transparency, a sealing order will be issued.

The following information in divorce records is commonly sealed by Alabama courts:

  • Identities of Minors
  • Financial Information
  • Health Records
  • Domestic Violence Allegations

How Does Alabama Calculate Alimony?

Alimony is determined on a case-by-case basis in Alabama and not by a fixed formula. The courts in the state consider several factors in determining the amount to be paid. These factors include:

  • The duration of the marriage
  • The financial needs and resources of the spouses
  • The income, employability, and earning potential of both spouses
  • The lifestyle established during the marriage
  • The financial and non-financial contributions and roles, including homemaking, of the spouses
  • The physical and emotional condition of each spouse
  • Fault in the divorce

Alimony may be modified and terminated under specific conditions such as when there is a significant change in financial circumstances, the remarriage of the recipient, cohabitation of the recipient with another person in a romantic relationship, and the death of either party.

How Do I Access Historic Divorce Records in Alabama?

Divorce records in Alabama have been maintained since 1950, following the establishment of the State's Center for Health Statistics, which began collecting and archiving such records. For divorce records finalized prior to 1950, you may access them by contacting the circuit court clerk's office in the county where the divorce was granted. For divorce records after 1950, contact the Alabama Department of Public Health or the circuit court clerk's office.

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