Divorce in Alabama

These are divorce basics in the state of Alabama.

Residency Requirement:

There is a six months residency requirement when filing a divorce in the state of Alabama. One of the spouse must be a resident of the state no less than six months before filing the complaint for divorce, this must be proven and alleged in the complaint too.

Where to file: 

The complaint for divorce must be filed in the circuit court of the county in which;

1. where the Defendant (the non filing spouse lives). Or,

1. where the Plaintiff (the spouse who filed the divorce). Or,

1. The circuit court of the county where the spouses lived when the separation or the ground for divorce occurred.

In an uncontested divorce, both parties may file in any county they choose. 

Grounds for divorce

The statutory grounds are as follows.

1. If, at the time of marriage, either party was physically and incurably incapacitated from entering into the marriage state; 

2. Adultery; 

3. Voluntary abandonment for at least one year prior to filing;  (is considered no fault divorce ground)

4. Imprisonment in a penitentiary in any state for at least two years, with a minimum sentence of seven years; 

5. The commission of a crime against nature, with man or beast, either before or during marriage; 

6. Becoming addicted after marriage to habitual use of alcohol, opium, morphine, cocaine or other like drug; 

7. Incompatibility of temperament prohibiting the spouses from living together any longer, as determined by the court; (is considered no fault divorce ground)

8. Confinement of one of the parties, after marriage, in a mental hospital for a minimum of five successive years, if that party is hopelessly and incurably insane at the time of filing the complaint (a certified statement attesting to this condition from the superintendant of the mental hospital is required.);

 9. Irretrievable breakdown of the marriage, as determined by the court; (is considered no fault divorce ground)

10. If the wife was pregnant at the time of marriage without the husband’s knowledge or agency; 

11. If one party has committed violence against the other party or when his/her conduct causes a fear of such violence; or  

12. If the wife has lived separate and apart from the bed and board of her husband for at least two years without support from him, and she has resided in Alabama during the two year period.

Serving of Divorce:

The plaintiff (the spouse who filed for divorce) must send a copy to the defendant (the non filing spouse) the copy of the divorce complaint.  If your spouse/defendant is willing to sign the "Acceptance and waiver of service" then you can mail or hand him/her the divorce documents. 

If not, you will have to serve the defendant by  (1) sending the forms by first class mail, with acknowledgement, (2) sending a copy by certified mail, return receipt requested, (3) hire a sheriff, constable, or private process server to serve your spouse with divorce papers.

If you don't know the whereabouts of your spouse then service by publication is required, the Alabama Rules of Civil Procedure should be followed. 

Property Division

Alabama is an equitable distribution state. This means the divisions of assets and liabilities should be fair and equitable. This does not mean 50/50. 

Pro Se Divorce

Alabama doesn't have a pro se divorce forms on their websites but below are some sites where you can download divorce forms for free.

You can find free divorce forms here;

http://www.alabamalegalhelp.org/issues/families-and-children/divorce?channel=self-help-legal-information&category=do-it-yourself-instructions-forms

https://www.ilrg.com/forms/divorce-mc/us/al

*information in this blog are just basic information about divorce, these are in no way to be considered as a legal advice. It is best to consult a lawyer specially if there are child custody, property and alimony involved.