How do I file for divorce in Alabama?

Alabama divorce is governed by Ala. Code Title 30, Chapter 2.

1. Residency Requirements — If the defendant is a non-resident, the plaintiff must have been an Alabama resident for 6 months. If both parties reside in Alabama, no minimum duration is required, but the action must be filed in the proper county.

2. No-Fault Grounds — (a) Incompatibility of temperament; (b) Irretrievable breakdown of the marriage; or (c) Voluntary abandonment from bed and board for 1+ year.

3. Fault Grounds — Adultery, imprisonment (2+ years of a 7+ year sentence), 'crime against nature,' habitual drunkenness or drug abuse, confinement for incurable insanity (5+ years), wife's pregnancy by another at time of marriage (without husband's knowledge), and others.

4. Required Forms — Complaint for Divorce, Summons, Vital Statistics form, Income Withholding for Support if applicable, and (if children) CS-41 Child Support Income Statement and CS-42 Child Support Guidelines worksheet.

5. Filing Fee — Approximately $300–$400 depending on county. Affidavit of Substantial Hardship available.

6. Service of Process — Sheriff, certified mail, or private process server. Respondent has 30 days to answer.

7. Waiting Period — A mandatory 30-day waiting period from the date the complaint is filed must pass before the court can enter a final decree.

8. Property Division — Alabama is an equitable distribution state. The court divides marital property fairly, not necessarily equally. Separate property (acquired before marriage or by gift/inheritance) is generally not subject to division unless used for the common benefit of the marriage.

9. Final Judgment — A Final Judgment of Divorce signed by the circuit court ends the marriage.

This is legal information, not legal advice.