Same Sex Divorce Attorney in Alabama
Following the United States Supreme Court’s ruling in Obergefell v. Hodges (2015), same-sex couples in Alabama have the same constitutional right to marry — and the same right to divorce — as any other married couple. In Alabama, there are almost no legal differences between a mixed-sex divorce and a same-sex divorce. The process, the legal standards, the grounds for divorce, the property division framework, and the custody and support rules are the same for all married couples regardless of gender. 
One logistical quirk remains in Alabama: the divorce certificate form still requires each party to be assigned a gender, and the form has not yet been updated to allow both parties to be designated the same gender. As a result, in a same-sex divorce in Alabama, one spouse is administratively designated male and the other female on the certificate of divorce — a clerical oddity that has no legal significance but is worth knowing in advance. It does not affect the substance of the divorce proceedings or the rights of either party.
At The Harris Firm LLC, we represent same-sex couples throughout Birmingham, Montgomery, Huntsville, and Chelsea in all types of divorce proceedings — uncontested and contested alike — with the same commitment to clear guidance, fair outcomes, and respectful representation we bring to every client. Hiring a local Birmingham divorce attorney who is familiar with the local courts and the full scope of Alabama divorce law makes a meaningful difference in how smoothly the process unfolds.
Uncontested vs. Contested: Choosing the Right Path
The Two Types of Divorce in Alabama
In the breakdown of any marriage, understanding the available options is essential to making informed decisions about how to proceed. In Alabama, the two main types of divorce are uncontested and contested. The distinction between them determines the cost, timeline, and complexity of the entire proceeding — and choosing the right path from the outset saves both time and money.
What It Requires
Both spouses must agree on all major issues — division of property and assets, any alimony to be paid, child custody and visitation, and child support. Every term must be mutually agreed upon before an uncontested divorce can be filed.
Cost
The most cost-effective divorce option available in Alabama. Our attorneys handle uncontested divorces for a low flat fee plus court filing costs — making professional legal representation affordable even when the budget is limited.
Timeline
Alabama requires a thirty-day waiting period after filing before a judge can issue the final divorce decree. For many couples, this waiting period is the longest part of the process. An uncontested divorce can often be completed in less than two months when both parties are ready to move forward.
Best For
Couples who can communicate and compromise, who have a clear picture of their assets and debts, and who want to end the marriage as efficiently and inexpensively as possible.
What It Requires
One or both spouses cannot or will not agree on one or more major issues — or one spouse cannot be located. The court must resolve the disputed issues through a formal legal process that may include discovery, mediation, and a hearing before a judge.
Cost
Significantly more expensive than an uncontested divorce. Our attorneys require a retainer and bill at an hourly rate for contested proceedings. The total cost depends on how many issues are disputed and how long the matter takes to resolve.
Timeline
Contested divorces can take many months to a year or more — particularly when significant assets are involved, when custody disputes require investigation and hearings, or when one spouse is determined to litigate every issue aggressively.
Best For
Situations where genuine disagreements exist that cannot be resolved through negotiation, where one spouse refuses to cooperate, or where protecting a client’s rights and interests requires formal court intervention.
Same Sex Uncontested Divorces in Alabama
The Faster, Less Expensive Path
The most cost-effective way to divorce in Alabama is to file for an uncontested divorce — and that is equally true for same-sex couples as for any other married couple. An uncontested divorce requires both spouses to be willing to sign the divorce documents and to agree on every major issue involved in ending the marriage. One party cannot obtain an uncontested divorce without the other’s participation — and this includes situations where one spouse has moved away or cannot be easily located.
To start the quick divorce process, one of our attorneys will gather information about each party personally, the marriage itself, any minor children involved, any alimony to be paid, and all property and assets owned by either or both spouses. Everything must be agreed upon before the divorce can be filed as uncontested — including the division of all real property including the marital home, splitting of joint bank accounts and retirement accounts, any alimony arrangements, child custody and visitation schedules, and child support. Child support may be agreed upon by the parties directly or calculated using the Alabama Child Support Guidelines if the parties need guidance.
Once our attorney has all the information needed, they draft the uncontested divorce documents, which are then reviewed and signed by both parties. After filing, Alabama requires a mandatory thirty-day waiting period before the judge can issue the final decree of divorce. For most couples pursuing an uncontested divorce, that waiting period is the longest part of the process — and the entire case can often be completed in less than two months when both parties are ready to move forward without delay.
What Needs to Be Agreed Upon in an Uncontested Divorce
Division of Real Property
The marital home and any other real estate owned by the couple must be addressed — whether one spouse keeps the property and refinances the mortgage, the property is sold with proceeds divided, or some other arrangement is agreed upon. Both spouses must agree on the outcome for each piece of real property.
Personal Property and Household Items
Vehicles, furniture, appliances, and other personal property must be allocated between the spouses. In most uncontested divorces, the parties have already worked this out informally — the divorce documents simply confirm and formalize what has been agreed.
Financial Accounts and Debts
Joint bank accounts, retirement accounts, investment accounts, and marital debts must all be addressed and allocated between the parties. Each spouse takes responsibility for specified debts, and accounts are either closed and divided or transferred to the appropriate party.
Alimony
The parties must agree on whether any alimony will be paid, the amount, and the duration. If neither party is seeking alimony, that too must be expressly addressed in the divorce documents so the issue is fully resolved and cannot be raised later.
Child Custody and Visitation
If the couple has minor children — whether biological, adopted, or otherwise legally recognized — the custody arrangement, decision-making authority, and parenting time schedule must all be agreed upon. Alabama courts must also approve custody arrangements to confirm they serve the child’s best interests.
Child Support
Child support must be addressed and is subject to Alabama court approval regardless of what the parties agree to. Alabama’s Child Support Guidelines provide a formula based on each parent’s income, the number of children, and other factors — the parties may agree to the guideline amount or to a different amount with appropriate justification.
Same Sex Contested Divorces in Alabama
When Agreement Is Not Possible
If one or both spouses is unwilling to compromise on any major issue in the divorce — or if one spouse has relocated and cannot be found — a contested divorce may be the only available option. Contested divorce proceedings are more complex, more time-consuming, and more expensive than uncontested divorces, but they are sometimes necessary to protect a party’s rights and achieve a fair outcome when the other spouse refuses to cooperate or makes unreasonable demands. 
It is highly inadvisable to proceed in any contested divorce proceeding without legal representation. Whether you are the party initiating the divorce or responding to a complaint that has already been filed against you, the procedural requirements and legal standards involved in a contested Alabama divorce are not designed for self-representation — and mistakes made early in the process can have lasting consequences for the outcome of your case.
How a Contested Divorce Proceeds in Alabama
The first step in a contested divorce is filing a Complaint for Divorce with the appropriate Alabama circuit court. The complaint sets out the legal grounds for the divorce and the relief being requested — including custody, alimony, property division, and any other matters at issue. After the complaint is filed, it must be served on the other spouse through a process server, the Sheriff’s office, or certified mail.
Once served, the responding spouse has thirty days to file an Answer — affirming or denying the allegations in the complaint and setting out their own requests for relief. If no Answer is filed within thirty days, the filing party may request a default divorce be entered. When an Answer is filed, the case moves into a discovery phase — each party has the opportunity to request documents and financial records from the other, submit written questions that must be answered under oath, and take depositions of relevant witnesses.
Before the case proceeds to trial, Alabama courts typically require the parties to attempt mediation — a structured negotiation process facilitated by a neutral third party, aimed at helping the parties reach a settlement without requiring the judge to decide every contested issue. Many contested divorces are ultimately resolved through mediation or negotiated settlement rather than a full trial. When settlement cannot be reached, the judge conducts a trial, hears evidence from both parties, and issues a final ruling on all unresolved issues. In most contested divorces, neither party receives everything they asked for — but both parties have their case heard and decided by a neutral decision-maker applying Alabama law.
Issues Specific to Same Sex Divorce in Alabama
What to Know Before You File
While the legal framework governing same-sex divorce in Alabama is substantively the same as for any other divorce, a few practical considerations are worth understanding before you begin the process.
Marriages Entered Outside Alabama
Same-sex couples who were married in another state or country before same-sex marriage was legally recognized in Alabama can divorce in Alabama, provided at least one spouse meets Alabama’s residency requirement — having resided in the state for at least six months before filing. Alabama courts will apply Alabama divorce law to the proceeding regardless of where the marriage was solemnized.
Parental Rights and Adoption
When a same-sex couple has children — whether through adoption, surrogacy, or assisted reproduction — the legal parentage of each spouse should be clearly established. When both spouses are recognized legal parents, custody and support are handled the same as in any other divorce. When one spouse’s legal parentage is ambiguous or has not been formally established, that issue may need to be addressed as part of the divorce proceeding.
Length of the Domestic Partnership or Relationship
Many same-sex couples were together for years or decades before legal marriage was available to them. While Alabama courts consider the length of the legal marriage — not the full length of the relationship — for purposes of property division and alimony, our attorneys can present the broader context of the relationship where relevant to support a fair outcome.
The Certificate of Divorce
As noted, Alabama’s divorce certificate form still assigns gender to each party individually and has not been updated to reflect same-sex marriages. One party will be designated male and the other female on the administrative form. This has no legal effect on the divorce itself or the rights of either party — it is a form issue only, not a substantive legal distinction.
Ready to Move Forward?
Schedule a Same Sex Divorce Consultation
Whether you are considering an uncontested divorce and want to understand the process, or you are facing a contested proceeding and need experienced legal representation, our attorneys are here to guide you through every step. We represent same-sex couples throughout Alabama with the same dedication we bring to every client.
- Evaluate your situation and determine whether an uncontested or contested divorce is the right path
- Handle uncontested divorces efficiently at a flat fee — often completed in less than two months
- Represent you through contested proceedings including discovery, mediation, and trial if needed
- Address custody, support, property division, and alimony with a clear strategy from the outset
- Provide respectful, professional representation throughout the entire process
Call (205) 201-1789 or email stevenharris@theharrisfirmllc.com to speak with one of our divorce attorneys.
Serving Birmingham, Montgomery, Huntsville, Chelsea, and throughout Alabama.
Frequently Asked Questions About Same Sex Divorce in Alabama
Is same-sex divorce treated differently than other divorces in Alabama?
No. In Alabama, same-sex divorce is governed by the same legal framework as any other divorce. The grounds for divorce, the property division standards, the child custody and support rules, and the procedural requirements are identical for all married couples regardless of gender. The only administrative difference is that Alabama’s divorce certificate form still assigns a different gender to each party — one spouse is designated male and the other female on the certificate — but this has no legal effect on the divorce itself or the rights of either spouse.
Can a same-sex couple divorce in Alabama if they were married in another state?
Yes. Same-sex couples married in other states or countries can divorce in Alabama as long as at least one spouse has been a resident of Alabama for at least six months before filing. Alabama courts will apply Alabama divorce law to the proceeding regardless of where the marriage was originally performed.
How long does a same-sex uncontested divorce take in Alabama?
An uncontested divorce in Alabama requires a mandatory thirty-day waiting period after filing before the judge can issue the final decree of divorce. When both parties are prepared to move forward and all terms are agreed upon, the total timeline from initial filing to final decree can often be completed in less than two months. Delays typically arise when documentation is incomplete, when the parties need additional time to reach full agreement, or when the court’s scheduling adds processing time.
What happens if we cannot agree on child custody in our same-sex divorce?
If the parties cannot agree on child custody, the dispute becomes part of a contested divorce proceeding. Alabama courts apply the same best-interest-of-the-child standard in same-sex divorce custody cases as in any other custody proceeding — evaluating each parent’s ability to provide a stable home, the quality of each parent’s relationship with the child, the child’s age and needs, and all other relevant factors. The legal parentage of each spouse should also be confirmed, as custody rights depend on legal parenthood being properly established for both parties.
Do I need an attorney for a same-sex divorce in Alabama?
An attorney is not legally required for an uncontested divorce, but having one drafts your documents correctly, limits legal deficiencies, and generally shortens the overall timeline. For contested divorces — where significant assets, custody, alimony, or other major issues are disputed — proceeding without legal representation is strongly inadvisable. The procedural requirements and legal standards involved in a contested Alabama divorce proceeding are complex, and mistakes made early in the process can have lasting consequences for the outcome of your case.
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