Alabama Uncontested Divorce Qualification Checklist
Most divorces in Alabama can be handled as uncontested — but not all. Before you invest time and money in the process, it’s worth confirming that your situation actually fits the requirements. If you’re searching for a fast divorce, a quick divorce, or a cheap uncontested divorce in Alabama, this is the first question to answer.
The Harris Firm LLC has been handling uncontested divorces across all 67 Alabama counties since 2007. Our uncontested divorce attorneys have seen every variation of a “we agree on everything” case — and the ones that don’t quite fit. The nine-question checklist below covers the requirements Alabama law imposes and the practical realities that determine whether your case can move forward as an uncontested divorce. Work through it honestly. If you clear all nine, you’re a strong candidate for the flat-fee process. If one or two give you pause, the section below the checklist explains what your options are.
You can also take the interactive checklist below to get an instant read on your situation.
Interactive Uncontested Divorce Qualification Checklist
Check every box that applies to you. Your results appear automatically as you go. Nothing is submitted — this is just for you.
Alabama requires that at least one spouse be a bona fide resident of Alabama for six months before filing (Ala. Code § 30-2-5). Only one spouse needs to meet this — your spouse can live in another state or another country and you can still file here, as long as you meet the residency requirement. If your spouse lives elsewhere, see uncontested divorce with an out-of-state spouse.
This is the heart of an uncontested divorce. You need to agree on who gets what — the house, the cars, the bank accounts, the retirement accounts, the furniture, the debts. It doesn’t have to be a perfectly equal split; it just has to be a split you both agree to. If there’s real disagreement about even one significant asset, the case can’t proceed as uncontested. Not sure whether you’ve covered everything? See what you must agree on.
Most uncontested divorces include a mutual waiver of alimony — neither spouse pays the other. But if one spouse will pay alimony, you need to agree on the amount, the duration, and whether it’s modifiable. Either way, it’s an agreement you both need to have already reached.
If you don’t have minor children together, check this box — it doesn’t apply to you. If you do, you need to agree on who has primary physical custody, whether legal custody is joint or sole, and what the visitation schedule looks like (including holidays, summer, and school breaks). Vague agreements like “we’ll work it out” don’t hold up. See our divorce with children page for the details.
Again, check this if you have no minor children. If you do, Alabama’s Rule 32 child support guidelines will produce a number based on both parents’ incomes and the custody arrangement. You can agree to that number, or you can agree to deviate from it with a reason the court will accept. What you can’t do is skip it — the court requires a child support determination in every case with minor children.
An uncontested divorce requires the non-filing spouse to sign multiple documents — at a minimum the Answer and Waiver, the Marital Settlement Agreement, and the sworn Testimony. If minor children are involved, they must also sign the Rule 32 child support paperwork. If your spouse refuses to sign, or you can’t locate your spouse, the case can’t proceed as uncontested. (An unlocatable spouse is a different problem with a different solution — see below.)
An active bankruptcy triggers an automatic stay that can prevent property from being transferred or divided — which is a problem when your divorce agreement divides property. This usually needs to be resolved before the divorce can be finalized. If either spouse has a bankruptcy pending, mention it on the phone consultation and we’ll walk you through the sequencing.
If you own a business together, hold significant investment or rental property, or have assets that would need a professional valuation to divide fairly, you can still do an uncontested divorce — but only if you’ve already agreed on the values and the division. If you’re not sure what the business is worth and need someone to figure it out, that’s a contested-divorce process, not an uncontested one.
Alabama allows both fault-based and no-fault divorce grounds. Uncontested divorces are almost always filed on no-fault grounds — typically “incompatibility of temperament” or “irretrievable breakdown of the marriage.” You don’t have to prove anyone did anything wrong, and nobody has to admit to anything. If you specifically want the divorce decree to say your spouse committed adultery or abandoned you, that’s a fault-based ground and generally means a contested case.
Check the boxes above to see your result.
All 9 checked — you’re a strong candidate for an uncontested divorce.
Based on your answers, your situation fits the requirements for a flat-fee uncontested divorce in Alabama. The next step is to start the questionnaire or call for a free phone consultation to confirm the details and get your questions answered.
The Harris Firm LLC’s flat fee is $690 if you don’t have minor children, or $890 if you do, plus the county filing fee (roughly $200 to $340, depending on the county). Most cases are complete in 30 to 60 days.
Most boxes checked — you’re close, but a couple of items need attention.
Your situation is likely a good fit for an uncontested divorce, but one or two of your answers suggest something that needs to be worked out or confirmed first. The most common issue is a disagreement about one specific asset, or uncertainty about whether your spouse will sign. Neither is necessarily a deal-breaker.
Give us a call — the phone consultation is free, takes about 15 to 20 minutes, and will tell you exactly what needs to happen before your case can move forward.
Several boxes unchecked — an uncontested divorce may not be the right path yet.
Based on your answers, there are unresolved issues that would prevent your divorce from being filed as uncontested right now. That doesn’t mean you can’t get there — many couples reach agreement after a conversation or two, sometimes with a mediator’s help. But it does mean a flat-fee uncontested divorce isn’t the immediate next step.
Our family law attorneys handle contested divorces and mediation as well. The phone consultation for a contested matter is $100, and it’s worth having to understand what a resolution would actually look like.
What If I Don't Qualify for an Uncontested Divorce?
If you couldn’t check every box, don’t assume the flat-fee process is off the table. Here’s what each common sticking point actually means for your options.
We disagree about one asset (or one issue)
This is by far the most common reason a case isn’t uncontested yet — and it’s usually solvable. If you agree on 95% of everything and are stuck on one item, a direct conversation, a short session with a mediator, or a proposal in writing from one spouse to the other often closes the gap. The what you must agree on checklist is built to isolate exactly which item is open. Once you agree, you’re back on the uncontested track with the same flat fee.
My spouse won’t sign
If your spouse simply refuses to sign an agreement, the case will need to be filed as a contested divorce, and your spouse will be formally served with the complaint. Contested cases are billed at an hourly rate against a retainer that starts at $4,000, and the total cost depends on how long your spouse fights. Many spouses who initially refuse eventually agree once they see what a contested divorce costs — and once they do, the case can convert to an uncontested track.
I can’t locate my spouse
An uncontested divorce requires your spouse’s signature, so if you genuinely cannot locate your spouse after diligent effort, the case will need to be filed as a contested divorce with service by publication. This is a different process with additional steps and a longer timeline. Our contested divorce attorneys handle these regularly across all four offices.
My spouse lives in another state
This is not a problem at all, as long as you meet Alabama’s six-month residency requirement. Your out-of-state spouse simply signs the documents before a notary where they live and mails them back. Our out-of-state spouse page walks through the residency rule, the mail-in signing process, and the one situation that does require a closer look: children who live with your spouse in another state.
We have a business or complex assets
You can still do an uncontested divorce if you and your spouse have already agreed on the values and the division. If you haven’t — if you need someone to figure out what the business is worth — that’s a high-asset divorce matter, and our attorneys handle those with the valuation experts and discovery tools those cases require.
One of us is in bankruptcy
The bankruptcy automatic stay can prevent property transfers, which means the divorce may need to wait until the bankruptcy is resolved or the bankruptcy court lifts the stay for divorce purposes. This is a sequencing question more than a qualification question — call us and we’ll map out the order of operations.
I want the decree to say my spouse was at fault
Alabama recognizes fault-based grounds like adultery, abandonment, and cruelty, but pursuing them means proving them, which means a contested case. Most people who want a fault ground find that what they actually want is a fair outcome — and an uncontested no-fault divorce that gets them there faster and cheaper is the better path. If the fault finding itself matters to you, that’s a conversation for a contested divorce consultation.
Frequently Asked Questions About Qualifying for an Uncontested Divorce in Alabama
What are the requirements for an uncontested divorce in Alabama?
To file an uncontested divorce in Alabama, at least one spouse must have lived in the state for six months before filing (Ala. Code § 30-2-5), both spouses must agree on the division of all property and debts, both must agree on alimony (or agree there will be none), both must agree on custody, visitation, and child support if there are minor children, and the non-filing spouse must be willing to sign the required documents. The divorce is almost always filed on no-fault grounds — incompatibility or irretrievable breakdown of the marriage — so neither spouse has to prove fault.
Can I get an uncontested divorce in Alabama if my spouse lives in another state?
Yes. Only one spouse needs to meet Alabama’s six-month residency requirement. Your spouse can live in another state or another country and still sign the uncontested divorce documents. The documents are sent to your spouse to sign before a notary in their location and returned by mail. The Harris Firm LLC handles out-of-state spouse cases regularly, and the process is essentially identical to a case where both spouses live in Alabama.
What if my spouse and I agree on everything except one thing?
Then you don’t have an uncontested divorce yet — but you’re very close to one. A single unresolved issue is the most common reason a case isn’t ready to file as uncontested, and it’s usually resolvable through a direct conversation, a written proposal, or a short mediation session. Once you reach agreement on the remaining issue, the case can proceed as uncontested with the standard flat fee. We can help you think through how to close the gap during the free phone consultation.
Do we need to have been separated for a certain amount of time?
No. Alabama does not require a period of separation before filing for divorce on the grounds of incompatibility or irretrievable breakdown. You can file an uncontested divorce while still living in the same home, as long as you meet the residency requirement and agree on all issues. Some couples do live separately during the process, but it’s not a legal prerequisite.
Can we do an uncontested divorce if we have minor children?
Yes. An uncontested divorce with minor children requires that you and your spouse agree on legal custody, physical custody, the visitation schedule, and child support. Alabama’s Rule 32 child support guidelines produce the presumptive support amount based on both parents’ incomes and the custody arrangement; you can agree to that amount or agree to a deviation with a reason the court will accept. The Harris Firm LLC prepares the CS-41, CS-42, and CS-43 forms the court requires. The flat fee for a divorce with minor children is $890.
How do I know if my divorce is contested or uncontested?
The test is simple: if you and your spouse have already agreed on every issue — property, debts, alimony, and (if applicable) custody, visitation, and child support — and your spouse is willing to sign the paperwork, your divorce is uncontested. If any issue is unresolved, or your spouse won’t sign, it’s contested. The label isn’t about whether the divorce is amicable; it’s about whether everything has already been agreed to before filing.
Ready to Move Forward?
If you cleared the checklist, the next step is to start the online questionnaire or call for a free phone consultation. If you didn’t, call anyway — the consultation for an uncontested divorce is free, and we’ll tell you honestly whether you’re closer to qualifying than you think.
Start the Questionnaire
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Or call us directly for a free phone consultation at (205) 201-1789
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