Alabama recognizes both no-fault and fault-based grounds. No-fault divorce requires an irretrievable breakdown of the marriage or incompatibility. Fault-based grounds include adultery, abandonment for at least one year, imprisonment for two or more years, substance abuse, confinement to a mental institution for five consecutive years, and domestic violence.
File your complaint for divorce in the circuit court of the county where the defendant resides, or where the plaintiff has resided for six months prior to filing. Both parties must complete the required financial disclosure forms. If the divorce is uncontested, the court may grant a final decree after the 30-day waiting period without a hearing.
At least one spouse must have been a resident of Alabama for a minimum of six months before filing. Military personnel stationed in Alabama may also qualify to file in the state.
Alabama follows equitable distribution, meaning marital property is divided fairly but not necessarily equally. The court considers factors including the length of the marriage, each spouse's age and health, their earning capacity, contributions to the marriage (including homemaking), the value of each spouse's separate property, and the economic circumstances of each party at the time of division.
Separate property, such as assets owned before the marriage or received as gifts or inheritance, generally remains with the original owner unless it has been commingled with marital assets.
Alabama courts determine custody based on the best interests of the child. The court may award joint or sole legal custody, and joint or sole physical custody. There is no presumption favoring either parent.
Factors the court considers include the age and sex of the child, each parent's ability to provide for the child's needs, the emotional bond between parent and child, the stability of each home environment, any history of domestic violence or substance abuse, and the child's own preference if the child is of sufficient age and maturity.
An uncontested divorce can be finalized in as few as 30 days after filing. Contested divorces may take six months to over a year depending on the complexity of the issues involved.
Some Alabama counties allow electronic filing. Check with your local circuit court clerk for availability. Uncontested divorces with no minor children are the most likely to be eligible for simplified filing.
You are not legally required to have an attorney, but legal counsel is recommended if there are disputes over property, custody, or support. Uncontested divorces with straightforward circumstances can often be handled without representation.
The court considers the length of the marriage, each spouse's earning capacity, the standard of living during the marriage, and the contributions of each spouse. Alimony may be temporary, rehabilitative, or permanent depending on the circumstances.