Alabama Divorce Self-Help Tools

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The basics

Alabama divorce at a glance

How property is divided Equitable distribution — fair, but not always 50/50. Ala. Code § 30-2-51.
Filing fee ~$200 to $400 · varies by county
Residency requirement 6 months in Alabama before filing if the defendant is a nonresident. Ala. Code § 30-2-5.
Waiting period 30 days after filing before divorce is final. Ala. Code § 30-2-8.1.
Fault required? No — irretrievable breakdown of the marriage or complete incompatibility is sufficient. Ala. Code § 30-2-1.
Mediation May be ordered by the court in contested cases, but not strictly required by statute for all cases.
Typical uncontested cost ~$1,000 - $1,500 · Contested: $10,000+

Common questions

What people ask us

How long does a divorce take in Alabama?

In Alabama, there is a mandatory 30-day waiting period after the divorce complaint is filed before the court can issue a final judgment of divorce. For an uncontested divorce, it typically takes 1 to 2 months to finalize. A contested divorce can take several months to over a year, depending on the complexity of the issues and the court's schedule.

Do I need a lawyer to get divorced in Alabama?

No, you are not legally required to have a lawyer to get divorced in Alabama. You can file for divorce 'pro se' (representing yourself). This is most common in uncontested divorces where both parties agree on all terms. However, if your divorce is contested, involves complex property division, or child custody disputes, it is highly recommended to consult with an attorney.

Is Alabama a no-fault divorce state?

Yes, Alabama allows for no-fault divorce. You can file on the grounds of an 'irretrievable breakdown of the marriage' or 'complete incompatibility of temperament,' meaning neither spouse has to prove the other did something wrong. Alabama also still allows for fault-based grounds, such as adultery, abandonment, or abuse.

How is property divided in Alabama divorce?

Alabama is an 'equitable distribution' state. This means that marital property is divided in a way that the court deems fair and equitable, which does not necessarily mean a strict 50/50 split. The court considers various factors, including the length of the marriage, each spouse's earning capacity, and the conduct of the parties during the marriage.

How is child support calculated in Alabama?

Child support in Alabama is calculated using the 'Income Shares Model.' This model estimates the total amount of money the parents would spend on the child if they lived together, based on their combined gross income. This total obligation is then divided between the parents in proportion to their respective incomes. The court uses specific guidelines and a standard worksheet (Form CS-42) to determine the exact amount.

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