How to File for Divorce in Alabama

Most people assume the hardest part of divorce is the emotional weight. But for Alabama pro se filers, the real sticking point is figuring out what to file, where to file it, and in what order. The Circuit Court clerk's office will accept your paperwork, but they are legally prohibited from telling you whether you filled it out correctly.

Here is the complete filing sequence from start to signed decree.

Confirm You Meet Alabama's Residency Rules

Alabama requires at least one spouse to be a bona fide resident of the state. If both of you currently live in Alabama, there is no minimum residency period — you can file immediately. If only the filing spouse (plaintiff) lives in Alabama and the other spouse lives out of state, the plaintiff must have been an Alabama resident for at least six consecutive months before filing, per Alabama Code Section 30-2-5.

You will need to prove residency in your complaint. A valid Alabama driver's license, voter registration, or lease agreement in your name strengthens your case.

Choose Your County and Grounds

File in the Circuit Court of the county where the defendant lives, where you both lived at the time of separation, or — if the defendant is a nonresident — where the plaintiff lives. Filing in the wrong county means your case gets transferred and you lose your filing fee.

Alabama allows no-fault grounds (incompatibility of temperament or irretrievable breakdown) and fault-based grounds like adultery or abandonment. No-fault is faster and avoids a court hearing in most uncontested cases.

Complete and File the Required Forms

At minimum, you need:

• Form PS-08 — Verified Complaint for Divorce (initiates the case)
• ADPH Form HS-16 — Certificate of Divorce for Vital Statistics (must be an original; photocopies are rejected)
• Form CS-47 — Child Support Information Sheet (required in all domestic relations cases, even without children, in some counties like Shelby)

File these with the Circuit Court clerk in person or through the AlaFile electronic filing portal. AlaFile requires an in-person identity verification at your county clerk's office before you can submit documents online.

Pay the Filing Fee

Filing fees range from roughly $192 to $340 depending on the county. Jefferson County charges around $215, while Madison County can exceed $324. If you cannot afford the fee, file an Affidavit of Substantial Hardship (Form C-10) with proof of income. A judge will review your finances and may waive the fee.

Serve Your Spouse

Your spouse must be formally notified under Rule 4 of the Alabama Rules of Civil Procedure. In an uncontested divorce, the defendant can sign an Acceptance of Service, Answer, and Waiver (Form PS-21) before a notary. For contested cases, use certified mail with restricted delivery, sheriff service (about $30), or a private process server.

If your spouse cannot be located, you can petition the court for service by publication — but this adds time and cost.

Wait Out the 30-Day Cooling-Off Period

Alabama Code Section 30-2-8.1 imposes a mandatory 30-day waiting period from the date the complaint is filed. No judge can shorten or waive this. The clock starts the day you file, not the day your spouse is served.

Submit Final Paperwork and Receive Your Decree

After the waiting period, submit notarized written testimony on Form PS-09, your signed settlement agreement (in uncontested cases), and a proposed Final Judgment of Divorce. If the judge approves, the decree is signed without a court hearing. A 60-day restriction on remarriage to third parties begins on the date the decree is entered.

The Alabama Divorce Filing Process Guide walks you through every form, every deadline, and every county-specific variation — so nothing gets rejected at the clerk's window. Get the complete guide.

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