Alabama · Uncontested divorce · Updated Oct 2026

Uncontested divorce in Alabama

An agreed (uncontested) divorce in Alabama, from official sources: who can use the process for agreed cases, the residency rule, the waiting period, the official forms, the fee waiver, how your spouse can sign instead of being served and mediation.

Quick answer

When both spouses agree, this is the route 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.

Who can file (residency)
6 months (with exceptions)
Waiting period
30 days after filing
Filing fee
Check with your court

Who can use the process for agreed cases 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.

Before you 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.
Law
Ala. Code 30-2-5 · Ala. Code 30-2-8.1

Forms, fees and filing in Alabama

Official forms
Divorce forms (Alabama courts)
Court self-help
Divorce self-help (Alabama courts)
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

If your spouse agrees to sign

Your spouse can instead sign an answer and waiver in an uncontested case.

If you agree on only some issues

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/

An uncontested divorce in Alabama, step by step

  1. 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.

  2. See if you qualify for the simpler process

    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.

  3. Fill in the official forms

    Use the court's official divorce forms: Divorce forms (Alabama courts)

  4. File, and pay the fee or ask for a waiver

    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.

  5. Have your spouse sign or be served

    Your spouse can instead sign an answer and waiver in an uncontested case.

  6. Wait out the waiting period

    The judge can't sign the final divorce until 30 days after the summons and complaint are filed.

  7. Get the final decree

    The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it.

Questions about uncontested divorce in Alabama

Is there a simplified divorce for agreed cases 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 an uncontested 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.

Who can file for an uncontested divorce in Alabama?

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.)

Does my spouse have to be served if we agree in Alabama?

Your spouse can instead sign an answer and waiver in an uncontested case.

Is mediation required 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/

More about divorce in Alabama

Uncontested divorce in nearby states

Sources

Last checked: Oct 24, 2026.