Divorce & Family FAQ

Divorce and Family Law FAQ

How do I file for divorce in Alabama?

Filing for divorce in Alabama starts at your county’s Circuit Court. You file a “Complaint for Divorce” either in person or through Alabama’s online court filing system. You can file in the county where the defendant lives or where the couple lived at the time of separation. The Alabama Administrative Office of Courts provides Uncontested Divorce forms for couples who agree on all terms. You’ll also need to file an HS-16 Certificate of Divorce with the Alabama Department of Public Health.

How long does a divorce take in Alabama?

There is a mandatory minimum waiting period of 30 days from the time your complaint is filed before any divorce can be finalized. This waiting period cannot be waived. An uncontested divorce typically takes 5–10 weeks. A contested divorce can take 6–18 months and cost upward of $15,000 for trial fees.

Do I need to be an Alabama resident to file for divorce here?

If both spouses live in Alabama, there is no minimum residency waiting period — you can file immediately. If only the filing spouse lives in Alabama, that spouse must have been a resident for at least six months before filing. Active-duty service members stationed in Alabama for at least six months also meet the residency requirement.

What are the grounds for divorce in Alabama?

Alabama offers both no-fault and fault-based divorce. The no-fault grounds — incompatibility of temperament and irretrievable breakdown — are the most commonly used. Fault-based grounds include adultery, voluntary abandonment for one year, imprisonment for two or more years on a sentence of seven years or longer, habitual drunkenness or drug addiction contracted after marriage, domestic violence, and mental incapacity for five consecutive years. Choosing fault grounds can affect property division and alimony but requires you to prove the misconduct at trial.

How is property divided in an Alabama divorce?

Alabama is an equitable distribution state. Courts rarely split marital property 50/50; instead, judges divide marital assets and debts fairly and equitably. Factors considered include length of the marriage, each spouse’s contributions, earning capacity, and economic circumstances. Separate property — assets owned before marriage or received as a gift or inheritance — is generally not divided. No major statutory changes occurred in 2025–2026, but courts continue to apply equitable distribution principles, including to retirement accounts.

How does child custody work in Alabama?

When a court issues a custody order, it generally addresses legal custody (decision-making authority) and physical custody (where the child primarily lives) separately. Alabama officially favors joint custody and makes it a policy of the state to assure that minor children have frequent and continuing contact with both parents who have shown the ability to act in the best interest of their children. Note: Unlike most states, in Alabama a “minor child” is defined as a child under the age of 19.

Does Alabama now presume joint custody?

At the time of this writing no. While legislation has been introduced which would establish a rebuttable presumption favoring joint custody, it has not at this time been enacted into law. Alabama does already have a rebuttable presumption of joint custody when both parents agree. But in contested cases the best interest of the child standard continues to apply

Will I lose custody if I move out of the family home in Alabama?

Not automatically, but it carries risk. In Alabama, if the judge determines there has been domestic abuse, the judge is supposed to assume it is not in the best interest for the abuser to get sole or joint custody. For non-abuse situations, leaving without a temporary custody order can allow the other parent to establish a residential status quo the court may later favor. Seek a temporary order before vacating if children are involved.

Can my ex relocate my children out of state without my permission in Alabama?

The Alabama Parent-Child Relationship Protection Act requires 45 days’ notice for moves that substantially change the child’s residence — generally more than 60 miles or across state lines. Relocating a child out of state without proper notice or court approval violates this act and can result in serious legal consequences, including being ordered to return the child.

At what age can a child choose which parent to live with in Alabama?

Alabama has no set age. Judges consider a child’s preference as one factor among many, typically giving it more weight around ages 12–14 when the child demonstrates sufficient maturity. However, a judge will make the final decision on custody based on the overall best interests of the child — a child’s preference alone is never binding.

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