Family Law Resources

Residency Requirements

If both spouses are Alabama residents, you can file immediately. If only one spouse is an Alabama resident, that spouse must have lived in Alabama continuously for at least 6 months before filing. File in the county where either spouse currently resides.

Grounds for Divorce

Alabama allows both no-fault and fault-based divorces.

No-Fault Grounds

Incompatibility of temperament or irretrievable breakdown of the marriage. No need to prove wrongdoing by either spouse.

Fault-Based Grounds

• Adultery (infidelity)


• Abandonment (voluntary absence for 1 year)


• Imprisonment (2+ years served with 7+ year sentence)


• Addiction to alcohol or drugs


• Impotency at time of marriage


• Domestic violence or abuse

Step-by-Step Filing Process

Timeline Expectations

Important Notes

• Alabama has no summary divorce option, even for simple cases


• No legal separation period required before divorce


• Circuit courts handle all divorce cases (Alabama has 21 judicial circuits)


• Alabama uses 'equitable distribution' for property division (fair, not necessarily equal)

Alabama's 21 Judicial Circuits

Alabama has 67 counties organized into 21 judicial circuits. Family law cases (divorce, custody, child support) are heard in the Circuit Court, Family Court Division. You must file in the county where you or your spouse resides.

Family Court Division Jurisdiction

The Family Court Division handles all domestic relations cases including divorces, annulments, child custody and support, alimony, paternity proceedings, domestic violence protection orders, and other marital matters. All domestic relations cases originating in circuit court are assigned to the Family Court Division.

Major County Circuit Courts

Finding Your Circuit Court

To find the circuit court for any Alabama county, visit the Alabama Administrative Office of Courts website at www.alacourt.gov and select your county. Each county page provides court location, contact information, hours, and local rules.

Court Services and Resources

• Family Court Division staff can provide forms and procedural information (but cannot give legal advice)


• Self-help resources and forms available at most courthouses


• Filing fees must be paid at time of filing unless fee waiver granted


• Many courts require appointments for certain services - call ahead

Court Filing Fees

Filing fees in Alabama circuit courts typically range from $200-400 depending on the county. The exact fee varies by county, so contact your local circuit court clerk for current fees.

Fee Waivers (In Forma Pauperis)

If you cannot afford court filing fees, you may qualify for a fee waiver by filing an 'In Forma Pauperis' (IFP) petition with an Affidavit of Substantial Hardship. You must demonstrate financial need by providing information about income, assets, expenses, and government benefits received.

Eligibility

Courts use federal poverty guidelines to assess eligibility, though judges have discretion. Those receiving SSI, Medicaid, TANF, or food stamps often qualify automatically. Others must demonstrate financial hardship with documentation like pay stubs or tax returns.

What the Waiver Covers

If approved, the fee waiver covers court filing fees and service of process costs, but does NOT eliminate attorney fees or court-ordered payments like child support.

Service of Process Costs

Attorney Fees in Alabama

According to USA Today, the average cost of a divorce in Alabama is approximately $12,500 for cases without children and $18,800 for divorces involving children. However, costs vary significantly based on complexity and whether the case is contested.

Additional Potential Costs

Ways to Reduce Costs

• Limited scope representation (unbundled services) for specific tasks


• Mediation or settlement negotiation to avoid trial


• Self-representation with attorney consultation


• Legal aid services if income-qualified


• Collaborative divorce process


• Online divorce services for uncontested cases ($500-1,500)

Legal Services Alabama (Statewide)

Legal Services Alabama (LSA) is a nonprofit organization providing free civil legal assistance to low-income individuals and families across all 67 Alabama counties. LSA handles family law, housing, consumer issues, elder law, public benefits, and disaster assistance.

Alabama State Bar Volunteer Lawyers Program (VLP)

Created in 1990, the VLP provides organized pro bono legal services to indigent citizens in civil matters through volunteer attorneys. There are five regional VLP programs across Alabama.

Eligibility for Free Legal Aid

Income-based eligibility typically requires household income below 125% of federal poverty guidelines. Each organization may have specific requirements. Those receiving SSI, Medicaid, TANF, or food stamps often qualify automatically. Priority given to cases involving domestic violence, child custody, and basic needs.

Limited Scope (Unbundled) Representation

Some attorneys offer limited scope services where they help with specific tasks (document review, court coaching, motion drafting) rather than full representation. Typically costs $500-2,500 depending on the task.

Law School Legal Clinics

Self-Help Resources

Domestic Violence Resources

Response Deadlines

Mandatory Waiting Periods

Appeal Deadlines (Critical)

Post-Judgment Motion Deadlines

Modification Timeframes

Discovery Deadlines

Appellate Brief Deadlines

Unique Equity Jurisdiction in Select Probate Courts

Alabama has a unique quirk where five probate courts possess equity jurisdiction that other probate courts lack. Generally, probate courts cannot determine equitable issues - only circuit courts have this power. However, Jefferson County and Mobile County probate courts share equity jurisdiction with circuit courts by special local legislative acts (Act No. 974, 1961; Act No. 1144, 1971). This means these probate courts can hear certain equitable matters and fashion equitable remedies that other Alabama probate courts cannot.

No Summary Divorce Procedure

Unlike many states, Alabama has NO legal provision for summary divorce (even for simple cases with no children and minimal property). All divorces require full court proceedings with specific evidence presented at a hearing. You cannot simply file paperwork and get a divorce by default - the court must hear testimony and make findings even in completely uncontested cases.

Unique Parental Relocation Statute

Alabama is one of few states with a statutory presumption AGAINST distant parental relocation. If a custodial parent wants to move out of the immediate area, they must give notice to the non-custodial parent, who has the right to object and request a hearing. The court presumes that in most cases, a distant relocation is NOT in the child's best interest. The relocating parent must overcome this presumption with evidence.

Equitable Distribution (Not Community Property)

Alabama follows equitable distribution for marital property division. There is NO statutory formula - judges have tremendous discretion to divide assets and debts in whatever manner they deem fair and equitable (not necessarily equal). Courts can consider marital fault when dividing property, unlike true 'no-fault' states.

Limited Enforcement of Spousal Support

Alabama has a significant quirk regarding alimony enforcement. Unlike child support (which has robust enforcement mechanisms), spousal support enforcement is limited. Except for contempt petitions, there are few legal remedies to enforce alimony orders. The state does NOT provide free legal representation to enforce spousal support, and recovery is generally left to ordinary creditor collection procedures. This makes alimony much harder to collect than child support.

No Mandatory Separation Period

Alabama does NOT require a period of legal separation before divorce. You can file for divorce immediately if residency requirements are met. The only mandatory waiting period is the 30-day cooling-off period after service of the divorce complaint.

Fault Still Matters

While Alabama allows no-fault divorce based on 'incompatibility' or 'irretrievable breakdown,' fault-based grounds are still frequently used and can affect outcomes. Courts can consider marital fault when dividing property, determining alimony, and (in extreme cases involving abuse) making custody decisions. Many states have eliminated fault from property and support considerations - Alabama has not.

Joint Custody Presumption

Alabama law creates a strong presumption in favor of joint custody when both parents request it. If both parents ask for joint custody, the court must grant it UNLESS the court makes specific written findings explaining why joint custody is not in the child's best interest. This shifts the burden to the party opposing joint custody.

21 Separate Judicial Circuits

Alabama's 67 counties are divided into 21 judicial circuits, each with its own local rules, procedures, and practices. What works in Mobile County (13th Circuit) may differ from Madison County (23rd Circuit). Always check local circuit court rules and customs, as they can significantly affect case handling and scheduling.