After Divorce in Alabama: Name Change, Remarriage, and Getting Your Decree

The judge signed your Final Judgment of Divorce. Your marriage is legally dissolved. But the administrative work is not over — you need copies of the decree, you may want to restore your former name, and Alabama imposes a waiting period before either party can remarry. Here is what comes next.

Getting Copies of Your Divorce Decree

The circuit court clerk's office files the signed decree and it becomes a public record. You will need certified copies for:

• Changing your name on government documents (driver's license, Social Security card, passport)
• Removing your ex-spouse from insurance policies
• Refinancing a mortgage or transferring vehicle titles
• Proving marital status for future legal matters

How to get certified copies:

Contact the circuit court clerk in the county where your divorce was filed. Most counties charge $1 to $5 per page for certified copies. You can request them in person, by mail, or through the AlaFile electronic filing system if your county supports it.

You can also order a verification of divorce from the Alabama Department of Public Health's Center for Health Statistics. ADPH maintains records based on the Form HS-16 that was filed with your case. Note that ADPH provides a verification letter — not a full copy of the decree. For the complete decree with all terms, you need the circuit court clerk's office.

Keep multiple certified copies. You will need separate copies for Social Security, the DMV, your bank, your employer's HR department, and your passport application. Ordering 4 to 6 copies at once saves repeat trips.

Changing Your Name After Divorce

If you want to restore your maiden name or a former married name, the simplest path is to include the name change in the divorce decree itself. Alabama Code Section 30-2-11 allows the court to restore a former name as part of the final judgment — your attorney or settlement agreement just needs to include a sentence requesting it.

If the decree already includes the name restoration, your certified copy of the decree is all you need. No separate court petition is required.

If you forgot to include the name change in your decree, you must file a separate Petition for Change of Name under Alabama Code Section 6-3-33. This requires:

• Filing a petition in the probate court of your county of residence
• Paying a separate filing fee (varies by county, typically $30 to $80)
• Publishing a notice in a local newspaper for four consecutive weeks
• Waiting for the judge to approve the petition (usually granted unless there is evidence of fraud)

The separate petition process takes 4 to 8 weeks and costs more than including the name change in the divorce decree. If your divorce is not yet final, ask the court or include the request in your settlement agreement.

Updating Your Records After a Name Change

Once you have the decree (or name change order), update your records in this order:

1. Social Security Administration — File Form SS-5 with your certified decree at your local SSA office. This must be done first because other agencies verify your name through SSA.
2. Alabama driver's license — Visit your county's ALEA Driver License office with your decree and current license. The fee is typically $36.25 for a replacement license.
3. U.S. passport — Submit Form DS-5504 (name change within one year of passport issuance) or DS-82 (renewal by mail) with your decree.
4. Banks and financial institutions — Bring your new driver's license and a certified copy of the decree.
5. Employer and payroll — Update your W-4, direct deposit, and benefits enrollment.
6. Voter registration — Update through your county's Board of Registrars or at alabamavotes.gov.
7. Utility companies, insurance, subscription services — update individually.

Remarriage After Divorce in Alabama

Alabama Code Section 30-2-10 imposes a 60-day waiting period before either party can remarry a third person after the divorce decree is entered. The only exception: you can remarry each other at any time.

The 60-day restriction starts from the date the judge signs the Final Judgment, not from the date of filing or the date of separation. If you remarry before the 60 days expire, the marriage is voidable — meaning it can be challenged in court, though it is not automatically void.

Practical timing: The 60-day remarriage restriction overlaps with the 42-day appeal window under Alabama Rules of Appellate Procedure (Rule 4). If your ex-spouse appeals the divorce, the proceedings could be paused or modified. Waiting until both the 60-day and 42-day periods have passed gives you the clearest legal footing for a new marriage.

To get married in Alabama after your divorce, you will need:

• A certified copy of your divorce decree (most county probate offices require this when issuing a marriage license)
• A completed Alabama Marriage Certificate form — signed by both parties, notarized, and recorded with the probate office (Alabama eliminated the requirement for an officiant or ceremony in 2019)
• The standard marriage license fee ($70 without a premarital education course, $50 with one)

Modifying the Divorce Decree

A final divorce decree is not always truly final. Under Alabama Rule of Civil Procedure 59(e), you can file a motion to alter, amend, or vacate the judgment within 30 days of entry. After 30 days, modifications are more limited:

• Child custody and support can be modified if there is a material change in circumstances (job loss, relocation, change in the child's needs)
• Alimony can be modified unless the decree specifies it is non-modifiable
• Property division is generally final and cannot be changed once the decree is entered, unless there is evidence of fraud or hidden assets

Moving Forward

The weeks after a divorce decree are administratively heavy — updating documents, closing joint accounts, retitling property. Working through a structured checklist prevents things from falling through the cracks during an already stressful time.

The Alabama Divorce Filing Process Guide covers the full process from filing through post-decree steps, including a post-decree checklist that walks through every record update and deadline after your decree is signed.

See more Alabama guides →