Alabama Divorce FAQs | The Harris Firm LLC

1.How do I get the divorce process started?

It depends on which type of divorce you are doing. If you are pursuing an uncontested divorce — where you and your spouse have reached an agreement on all marital issues — you fill out our questionnaire, call us with any questions, mail or email the questionnaire back, pay the flat attorney fee, and we contact you once we have everything. The phone consultation for an uncontested divorce is free. If you are seeking a contested divorce, meaning you and your spouse have not reached an agreement or your spouse cannot be located, you will need to call the office to schedule a $100 consultation with one of our divorce and family law attorneys.

2.How much does a divorce cost in Alabama?

A simple uncontested divorce is a flat attorney fee: $690 with no minor children, or $890 when minor children are involved, the latter including the parenting plan and the Rule 32 child support calculation. That pricing is the same at all four of our offices. An uncontested divorce may cost more if there are substantial property or tax considerations, business interests, paternity issues, retirement accounts requiring a QDRO, or other complex matters that take significantly more attorney time. A quit claim deed to transfer real estate after the divorce is a separate $750 flat fee.

A contested divorce is billed at an hourly rate against a retainer, and retainers start at $4,000. Separately from attorney fees, every county charges a filing fee when the divorce is filed. Those currently run from about $200 to about $340 depending on the county — that money goes to the Alabama courts, not to us. You can look up your county on our Alabama divorce filing fees by county page.

3.Where do I file my divorce?

As long as you or your spouse is a resident of Alabama, you can file here. To be a resident you must have lived in the State for at least six months before filing. If you are both Alabama residents, you can technically file in whichever county either of you lives in — so if you live in Shelby County and your spouse lives in Madison County, either county will work.

That said, some counties discourage filings when neither party lives there, and it is ultimately up to the judges in that county whether to allow it. If one of you lives outside Alabama, the divorce has to be filed in the county where the Alabama resident lives — so if you live in Jefferson County and your spouse lives in California, you file in Jefferson County or in California. When you call our Montgomery divorce attorneys, or any of our offices, we can advise you on where in Alabama to file.

4.What are the grounds for divorce in Alabama?

Alabama allows both no-fault and fault-based divorces. Most divorces today are filed on no-fault grounds, which simply means there has been an irretrievable breakdown of the marriage or incompatibility of temperament such that the parties can no longer live together. You do not have to prove that anyone did anything wrong. Alabama also still recognizes fault grounds such as adultery, abandonment, imprisonment, or addiction, but you generally do not need to allege fault to get divorced, and doing so can make the case more contentious. Fault is sometimes relevant to issues like alimony or the division of property.

5.What is an uncontested divorce?

An uncontested divorce is one where you and your spouse have reached agreement on every marital issue — custody, child support, division of property, and everything else. If you reach that agreement before filing, you file the settlement agreement signed by both spouses at the same time the divorce is filed. Because the agreement is already on file, the divorce begins uncontested: there is nothing left for a judge to decide.

You typically hire a Birmingham divorce attorney — or an attorney in whichever of our offices is closest to you — to prepare all of the documents your particular county requires, since most counties have their own local requirements. You sign them, your attorney files them, and a judge will usually sign the decree without any hearing because there are no issues to resolve.

6.What is a contested divorce?

A contested divorce is any divorce filed without an agreement. All divorces begin with the filing of a document called a Complaint. Filed without an agreement, the Complaint must then be served on the other spouse — usually by a private process server who personally hand-delivers it.

Once served, your spouse has thirty days to file an Answer. From there the case is periodically set for hearings, mediation, and other settings to see whether the two of you can resolve some or all of the contested issues. If issues remain contested after those attempts, the case is set for trial and a judge decides them for you. At trial both spouses call witnesses and present evidence supporting what they are asking for. This process can be expensive — attorney fees typically run into the thousands — and can take a long time to resolve.

7.How long does it take to get a divorce?

An uncontested divorce usually takes about six to ten weeks after everything has been signed by both spouses and filed with the court. It takes that long because Alabama law does not permit the court to enter a divorce decree until thirty days have passed from the date of filing. That mandatory thirty-day waiting period is why even the simplest divorce cannot be finalized immediately. A contested divorce can take anywhere from a few months to years, depending on whether the case settles or goes to trial. If the parties cannot reach agreement and a trial is necessary to decide the contested issues, it will take considerably longer than an uncontested divorce.

8.What is the difference between divorce and legal separation?

A divorce legally ends your marriage, leaving both people free to remarry. A legal separation does not end the marriage — it is a court order that divides property, sets custody and support, and allows the spouses to live separately while remaining legally married. Some people choose legal separation for religious reasons, to preserve certain insurance or benefits, or because they are not certain they want to permanently end the marriage. Because you remain married, you cannot remarry while only legally separated. Many people who start with a legal separation later convert it to a divorce.

9.How is property divided in an Alabama divorce?

Alabama is an equitable distribution state, which means the court divides marital property in a way that is fair, though not always exactly equal. Marital property generally includes assets and debts acquired during the marriage, while separate property — something one spouse owned before the marriage or received by gift or inheritance — is often kept by that spouse, although it can become marital in some situations. In an uncontested divorce, you and your spouse decide how to divide everything yourselves and we put your agreement into the documents. In a contested case, the judge decides. You can read more on our property division page.

10.Will I have to pay alimony?

Not necessarily. Alimony is not automatic in Alabama, and many divorces are finalized without any alimony at all. When it is awarded, the court looks at factors such as the length of the marriage, the standard of living during the marriage, each spouse’s earning ability, and the financial needs and resources of each party. Alabama recognizes different types of alimony, including rehabilitative alimony for a set period to allow a spouse to become self-supporting and, in longer marriages, periodic alimony. In an uncontested divorce, the spouses decide the alimony question themselves. Our alimony attorneys can explain how this might apply to your situation.

11.When can I remarry after an Alabama divorce?

You cannot remarry another person for a period of sixty days from the date your divorce decree is entered. If either spouse files an appeal during that sixty-day window, you cannot remarry until the appeal is resolved. This waiting period applies to remarrying someone else; it does not prevent the two divorced spouses from remarrying each other.

12.What if my spouse refuses to sign the uncontested divorce papers?

If they will not sign, then you and your spouse are not in agreement, and you can either wait to see whether they change their mind or file for a contested divorce. An uncontested divorce only works when both spouses cooperate and sign. If your spouse will not participate, the contested process exists precisely for that situation — it allows the court to move the divorce forward and decide the disputed issues even without the other spouse’s agreement. A refusal to sign delays a divorce; it does not prevent one.

13.Can I still get a divorce if I don’t know where my spouse is?

Yes. If you cannot locate your spouse you will need to file a contested divorce, and we will attempt to locate them ourselves or have the process server try as well. If they still cannot be found and served properly, there is a mechanism for getting divorced that involves your local newspaper and usually adds a few months to the timeline. It allows you to run a notice in the paper informing your spouse of the divorce filing. This same method can be used when a spouse is avoiding service — not answering the door, or actively hiding from service attempts. Wherever you are in Alabama, we can help.