Divorce in Alabama: Laws, Requirements, and Process
A complete guide to getting a divorce in Alabama. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 6 months in the state.
- Waiting period: 30 days from filing.
- Filing fee: $250 - $350.
Grounds for Divorce
Alabama allows no-fault divorce. The no-fault ground is: Irretrievable breakdown of the marriage.
Fault-Based Grounds
Alabama also recognizes these fault-based grounds for divorce:
- Adultery
- Abandonment
- Imprisonment
- Cruelty
- Habitual drunkenness or drug addiction
- Incompatibility of temperament
- Confinement to a mental institution
Residency Requirements
6 months in the state.
Property Division
Alabama is an equitable distribution state. Alabama follows equitable distribution. Courts divide marital property fairly but not necessarily equally, considering factors such as length of marriage, each spouse's earning ability, and contributions to the marriage.
Alimony / Spousal Support
Alabama courts may award alimony based on factors including the length of the marriage, the standard of living during the marriage, the earning capacity of each spouse, and the age and health of both parties. Types include periodic, rehabilitative, and lump-sum alimony.
Child Custody
Alabama courts determine custody based on the best interest of the child. Factors include the age and sex of the child, each parent's ability to provide, the emotional ties between parent and child, and any history of domestic violence.
Child Support
Alabama uses the income shares model to calculate child support, considering both parents' gross incomes, the number of children, and additional expenses such as health insurance and childcare.
Filing Fee
The filing fee for divorce in Alabama is $250 - $350. Fee waivers may be available for those who cannot afford to pay.
Alabama court divorce resources
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in Alabama?
Alabama allows no-fault divorce based on irretrievable breakdown of the marriage. The state also recognizes several fault-based grounds including adultery, abandonment, cruelty, imprisonment, habitual drunkenness, and incompatibility of temperament.
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How long do you have to live in Alabama to file for divorce?
You must be a resident of Alabama for at least 6 months before filing for divorce. The case is typically filed in the county where the defendant resides.
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How is property divided in an Alabama divorce?
Alabama is an equitable distribution state. The court divides marital property fairly based on factors like the length of the marriage, each spouse's contributions, and earning capacity. Equitable does not necessarily mean equal.
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How long does a divorce take in Alabama?
Alabama has a 30-day waiting period after filing. Uncontested divorces can be finalized in as little as 30 to 45 days. Contested divorces may take several months to over a year depending on the complexity of the case.