Divorce in Alabama
Alabama offers both no-fault and fault-based grounds for divorce. The state uses equitable distribution to divide marital property, meaning assets are divided fairly but not necessarily equally. If the other spouse lives outside Alabama, the filing spouse must have lived in Alabama for six months before filing.
Quick Facts
Residency Requirement
6 months if the other spouse is a nonresident
Waiting Period
30 days after filing
Filing Fee (approximate, varies by county)
$200-$400
Property Division
equitable distribution
Grounds for Divorce
- Incompatibility
- Irretrievable breakdown
- Adultery
- Abandonment
Key Facts
- Alabama is an equitable distribution state for property division
- Both no-fault and fault grounds are available
- A 30-day waiting period applies after filing
- If the other spouse lives outside Alabama, the filing spouse needs 6 months of Alabama residency
- Mediation may be required before trial in contested cases
Child Custody
Alabama courts determine custody based on the best interests of the child. Joint custody is available and the court considers factors such as each parent's ability to provide for the child.
Alimony / Spousal Support
Alabama courts may award alimony based on factors including the length of the marriage, each spouse's earning capacity, and the standard of living during the marriage. Alimony can be rehabilitative, periodic, or lump-sum.
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FAQs
Common questions about divorce in Alabama
An uncontested divorce in Alabama can be finalized in as little as 30 days after filing. Contested divorces can take several months to over a year depending on the complexity of the case.
No. Alabama follows equitable distribution, meaning property is divided fairly but not necessarily equally. The court considers factors like each spouse's contribution to the marriage and economic circumstances.