Alabama · Divorce laws · Updated Oct 2026
Alabama divorce laws
Who can file for divorce in Alabama, how long it takes, the official forms and fees, property, support and children, in plain English from official sources, with a free timeline estimator and checklist.
Where and how to file in Alabama
- Who can file (residency)
- If your spouse lives outside Alabama, you must have lived in Alabama for 6 months before you file. If you both live in Alabama, the law sets no minimum time. (The state's do-it-yourself complaint form asks you to confirm 6 months in Alabama.)
- Waiting period
- The judge can't sign the final divorce until 30 days after the summons and complaint are filed. Temporary orders (custody, support, who stays in the home) can be made sooner.
- Court
- Circuit Court in your county (or your spouse's)
- Official forms
- Divorce forms (Alabama courts)
- Court self-help
- Divorce self-help (Alabama courts)
- Filing fee
- Check with your court
- If you can't afford the fee
- Ask the clerk to accept an Affidavit of Substantial Hardship (form C-10, civil), revised Oct 2026: https://eforms.alacourt.gov/media/na1j0cie/c-10-civil-affidavit-of-substantial-hardship-order-10-2026.pdf
- Simpler process for agreed cases
- The court's do-it-yourself Divorce Complaint (PS-08) is for couples with no minor children (and no pregnancy), no real estate, no joint debts, and personal property already divided. If your spouse doesn't answer, you can use PS-10 (Request for Divorce Judgment by Default). Couples with children or property usually file an uncontested divorce with a signed settlement agreement; some counties publish local checklists.
- Law
- Ala. Code 30-2-5 · Ala. Code 30-2-8.1
Divorce in Alabama, step by step
Check that you can file in Alabama
If your spouse lives outside Alabama, you must have lived in Alabama for 6 months before you file.
Get the official forms
Use the court's official divorce forms: Divorce forms (Alabama courts) The court's do-it-yourself Divorce Complaint (PS-08) is for couples with no minor children (and no pregnancy), no real estate, no joint debts, and personal property already divided.
File the papers and pay the fee, or ask for a waiver
File with the Circuit Court in your county (or your spouse's). Can't afford it? Ask the clerk to accept an Affidavit of Substantial Hardship (form C-10, civil), revised Oct 2026: https://eforms.alacourt.gov/media/na1j0cie/c-10-civil-affidavit-of-substantial-hardship-order-10-2026.pdf.
Serve your spouse
Your spouse must be formally served with the summons and complaint (sheriff, process server, or certified mail through the clerk).
Your spouse responds
30 days from the date your spouse is served (stated on the court's Answer to Divorce Complaint form, PS-21). The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
The judge can't sign the final divorce until 30 days after the summons and complaint are filed.
Agree, or go to mediation or a hearing
Not required statewide, but judges often order or suggest mediation in custody and property disputes. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. Ask for it in the complaint: the do-it-yourself Divorce Complaint has a box to "give me back my former name.".
Free tools for Alabama
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Divorce timeline estimator for Alabama
See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.
Grounds for divorce in Alabama
- No-fault ground
- incompatibility of temperament, or irretrievable breakdown of the marriage
- Fault grounds
- Also allowed
- Law
- Ala. Code 30-2-1(a)(7), (9)
Property and debts in Alabama
- System
- Equitable distribution
- The rule
- The marital estate is divided in a way the judge finds fair, not always 50/50. Property you had before marriage, or got by gift or inheritance, is usually left out unless it was used regularly for both of you. Retirement earned during the marriage can be split, but the other spouse can't get more than 50% of it unless you agree.
- Law
- Ala. Code 30-2-51
Alimony (spousal support) in Alabama
The judge first considers rehabilitative alimony (usually up to 5 years) to help a spouse get back on their feet. If that can't work, periodic alimony can be ordered, usually for no longer than the marriage lasted (the judge can go longer only if fairness requires it), with no time limit if you were married 20 years or more. If alimony isn't awarded or reserved in the divorce, you can't ask for it later. Ala. Code 30-2-57.
Children: custody and support in Alabama
- What Alabama calls custody
- custody and visitation (the courts use model parenting plans and time-sharing schedules)
- Parenting class
- No single statewide rule was confirmed. Many circuit courts require a parenting course when you have minor children; ask your circuit clerk.
- Child support calculator
- Official child support calculator or guidelines
- Child support agency
- Alabama Department of Human Resources, Child Support Enforcement
Serving your spouse in Alabama
- How your spouse gets the papers
- Your spouse must be formally served with the summons and complaint (sheriff, process server, or certified mail through the clerk). Your spouse can instead sign an answer and waiver in an uncontested case.
- Time to respond
- 30 days from the date your spouse is served (stated on the court's Answer to Divorce Complaint form, PS-21).
- Law
- Ala. R. Civ. P. 4, 12(a); form PS-21
Going back to a former name in Alabama
Yes. Ask for it in the complaint: the do-it-yourself Divorce Complaint has a box to "give me back my former name."
Mediation in Alabama
Not required statewide, but judges often order or suggest mediation in custody and property disputes. The Alabama Center for Dispute Resolution keeps a roster of court mediators: https://www.alabamaadr.org/
If you are in danger
If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.
Protective orders in Alabama: If you are in danger, call 911. You can ask the circuit court for a Protection from Abuse order (Ala. Code 30-5); the circuit clerk has the forms. National DV Hotline: 1-800-799-7233.
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Free help in Alabama
Good to know in Alabama
- Periodic alimony is generally limited to the length of the marriage, unless you were married 20+ years or the judge finds a longer award is needed to be fair (Ala. Code 30-2-57(g)).
- The Alabama courts revised their do-it-yourself divorce forms (PS-08, PS-10, PS-21) on Sept. 29, 2026, so download fresh copies.
Changes in 2024–2026
Do-it-yourself divorce forms PS-08, PS-10 and PS-21 were revised 9/29/2026, and the hardship affidavit C-10 was revised 10/13/2026 (eforms.alacourt.gov). No 2024-2026 statute change to residency, waiting period or grounds was found.
Divorce checklist for Alabama
Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it. Nothing you type is sent anywhere.
Questions about divorce in Alabama
How long do you have to live in Alabama to file for divorce?
If your spouse lives outside Alabama, you must have lived in Alabama for 6 months before you file. If you both live in Alabama, the law sets no minimum time. (The state's do-it-yourself complaint form asks you to confirm 6 months in Alabama.)
How long does a divorce take in Alabama?
The judge can't sign the final divorce until 30 days after the summons and complaint are filed. Temporary orders (custody, support, who stays in the home) can be made sooner.
What are the grounds for divorce in Alabama?
Alabama's no-fault ground is incompatibility of temperament, or irretrievable breakdown of the marriage. Fault grounds are also allowed.
Is Alabama a community property state?
No. Alabama uses equitable distribution. The marital estate is divided in a way the judge finds fair, not always 50/50. Property you had before marriage, or got by gift or inheritance, is usually left out unless it was used regularly for both of you. Retirement earned during the marriage can be split, but the other spouse can't get more than 50% of it unless you agree.
Can I get the divorce filing fee waived in Alabama?
Ask the clerk to accept an Affidavit of Substantial Hardship (form C-10, civil), revised Oct 2026: https://eforms.alacourt.gov/media/na1j0cie/c-10-civil-affidavit-of-substantial-hardship-order-10-2026.pdf
Is there a simpler divorce process in Alabama?
The court's do-it-yourself Divorce Complaint (PS-08) is for couples with no minor children (and no pregnancy), no real estate, no joint debts, and personal property already divided. If your spouse doesn't answer, you can use PS-10 (Request for Divorce Judgment by Default). Couples with children or property usually file an uncontested divorce with a signed settlement agreement; some counties publish local checklists.
How long does my spouse have to respond in Alabama?
30 days from the date your spouse is served (stated on the court's Answer to Divorce Complaint form, PS-21).
Can I change my name back in a divorce in Alabama?
Yes. Ask for it in the complaint: the do-it-yourself Divorce Complaint has a box to "give me back my former name."
Is mediation required in a divorce in Alabama?
Not required statewide, but judges often order or suggest mediation in custody and property disputes. The Alabama Center for Dispute Resolution keeps a roster of court mediators: https://www.alabamaadr.org/
Do divorcing parents have to take a class in Alabama?
No single statewide rule was confirmed. Many circuit courts require a parenting course when you have minor children; ask your circuit clerk.
How does alimony work in Alabama?
The judge first considers rehabilitative alimony (usually up to 5 years) to help a spouse get back on their feet. If that can't work, periodic alimony can be ordered, usually for no longer than the marriage lasted (the judge can go longer only if fairness requires it), with no time limit if you were married 20 years or more. If alimony isn't awarded or reserved in the divorce, you can't ask for it later. Ala. Code 30-2-57.