Alabama Divorce Filing Checklist 2025

Filing for divorce in Alabama involves navigating specific residency rules, venue requirements, and mandatory forms that vary by county. Understanding Alabama's divorce filing requirements is crucial—missing a key form or filing in the wrong venue can delay your case by weeks and add unnecessary costs to an already challenging process.

This comprehensive Alabama divorce filing checklist walks you through every requirement for initiating your divorce in 2025, from residency rules under Alabama Code § 30-2-5 to required forms and county-specific filing fees. By the end, you'll have a clear roadmap for starting your divorce case in the Alabama Circuit Court.

Alabama Residency Requirements for Divorce

Alabama's residency requirements depend on where each spouse lives at the time of filing. Understanding these rules is essential because filing prematurely can result in your case being dismissed.

When both spouses live in Alabama: There is no minimum residency period. You can file for divorce immediately, as long as you file in the proper county.

When the defendant (spouse being served) is a nonresident: The filing spouse must have been a bona fide Alabama resident for six months immediately before filing, according to Alabama Code § 30-2-5. This means more than physical presence—you must intend to remain in Alabama.

When only the defendant lives in Alabama: The out-of-state plaintiff may file in Alabama without any minimum residency requirement.

Where to File: Alabama Venue Rules

Venue determines which county's Circuit Court has jurisdiction over your divorce. Under Alabama Code § 30-2-4, you must file in:

• The county where the defendant resides; OR
• The county where both spouses resided when you separated; OR
• If the defendant is a nonresident, the county where the filing spouse resides.

Filing in the wrong county can delay your case while it's transferred to the correct venue, so verify your proper filing location before submitting paperwork to the Circuit Court clerk.

Required Forms for Alabama Divorce Filing

Alabama divorces are filed in the Circuit Court (Domestic Relations/Family Division). The state's Administrative Office of Courts (AOC) provides a statewide Uncontested Divorce Packet, which many counties use or adapt.

For uncontested divorces without children, you'll typically need:

• Complaint for Divorce (alleging grounds, residency if required, and venue)
• Answer & Waiver (signed by the defendant spouse)
• Plaintiff's Affidavit or Testimony Form
• Marital Settlement Agreement
• Proposed Judgment/Decree of Divorce
• HS-16 Certificate of Divorce (original form for vital statistics)
• County-specific information sheets (check your local clerk's requirements)

If you have minor children, you must also file child support forms including CS-41 (Income Statement), CS-42 or CS-42-S (Guidelines Worksheet), CS-43 (Notice of Compliance), and CS-47 (Child Support Information Sheet).

Important: Each county may have additional local forms. Check your specific Circuit Court clerk's Domestic Relations page for a complete checklist.

Compiling all the required paperwork can be overwhelming; using a divorce document checklist tool helps ensure you've gathered everything needed for an Alabama divorce.

Filing Fees and Costs in Alabama

Alabama divorce filing fees vary significantly by county. Here are recent examples from official court sources:

• Marion County: $192 for a divorce filing
• Mobile County: $208 for a new divorce
• Madison County: $324 for a divorce filing

Always verify current fees with your county Circuit Court clerk before filing, as rates change and additional charges may apply for service, certified copies, or e-filing convenience fees.

Fee Waiver: If you cannot afford filing fees, you may request a hardship waiver by filing an Affidavit of Substantial Hardship (Form C-10-Civil) with the clerk at the time of filing.

Step-by-Step: Filing for Divorce in Alabama

Follow these steps to file for divorce in the Alabama Circuit Court:

1. Gather required information: Marriage date and location, separation date, addresses for the past five years, property and debt details, and (if applicable) children's information.
2. Complete all required forms: Use the AOC Uncontested Divorce Packet as a starting point and add any county-specific forms required by your local clerk.
3. File your complaint: Submit your forms to the Circuit Court clerk in the proper county, either in person or via Alabama's AlaFile e-filing system. Pay the filing fee or submit a hardship waiver.
4. Serve your spouse: The defendant must be properly served unless they sign an Answer & Waiver. Service can be completed by sheriff, process server, or certified mail.
5. Wait 30 days: Alabama law requires a 30-day waiting period from filing before a final divorce decree can be entered, per Alabama Code § 30-2-8.1.
6. Obtain final decree: If all paperwork is in order and both parties agree (in an uncontested case), the judge will review your settlement and sign the final decree, typically 30-60 days after filing.

Grounds for Divorce in Alabama

Alabama recognizes both no-fault and fault-based grounds for divorce under Alabama Code § 30-2-1.

No-fault grounds (most commonly used):

• Irretrievable breakdown of the marriage (§ 30-2-1(a)(9))
• Incompatibility of temperament (§ 30-2-1(a)(7))

These no-fault grounds allow you to file without proving wrongdoing by either spouse. You simply allege that the marriage cannot be saved or that you and your spouse cannot live together.

Calculate Your Alabama Divorce Costs

Use our free calculator below to estimate your total divorce costs based on your situation. The calculator is pre-configured for Alabama filing fees and typical costs. For more tips on managing divorce expenses, see our guide on how to save money on divorce.

Note: This estimate is for planning purposes. Actual costs may vary based on county fees, case complexity, and whether you reach settlement or proceed to trial.

Frequently Asked Questions

Q: Can I file for divorce in Alabama if my spouse lives in another state?
A: Yes, as long as you have been a bona fide Alabama resident for at least six months before filing. File in the county where you reside.

Q: How long does an uncontested divorce take in Alabama?
A: Most uncontested divorces are finalized 30-60 days after filing, driven by Alabama's mandatory 30-day waiting period and the time needed for judicial review.

Q: Do I need a lawyer to file for divorce in Alabama?
A: Not for an uncontested divorce. Many Alabama couples successfully file using the AOC's Uncontested Divorce Packet without legal representation. However, contested cases or complex property/custody issues typically require an attorney.

Q: What is the HS-16 form and why is it required?
A: The HS-16 Certificate of Divorce is required by the Alabama Department of Public Health for vital statistics. Clerks require the original form (not a photocopy) to be filed with your divorce paperwork.

Conclusion

Understanding Alabama's divorce filing requirements is your first step toward a smoother divorce process. While the legal requirements and county-specific forms may seem complex, this checklist ensures you start your case properly and avoid costly delays.

Ready to estimate your total divorce costs beyond just filing fees? Use our free Alabama Divorce Cost Calculator to get a personalized breakdown based on your situation. For information about Alabama's property division and support rules, read our comprehensive guide on Dividing Debt in Divorce.

Remember: knowledge is power during divorce. The more you understand about Alabama's filing requirements, the better equipped you'll be to protect your financial future and move forward with confidence.