What Happens After Filing for Divorce in Alabama

You filed your complaint with the circuit court clerk, paid the filing fee, and got a case number. Now what? The gap between filing day and a signed divorce decree is where most pro se filers lose track of the process — and where avoidable mistakes cause the longest delays.

Here is the actual sequence of events after you file, whether your case is uncontested or contested.

The 30-Day Mandatory Waiting Period

Alabama Code Section 30-2-8.1 prohibits any court from entering a final divorce decree until 30 days have elapsed from the date you filed the complaint. This waiting period:

• Starts the day you file, not the day your spouse is served
• Cannot be waived by the judge, even if both parties agree
• Cannot be shortened for any reason

The 30-day clock runs regardless of your case type. For uncontested cases, this is often the only real delay. For contested cases, the waiting period is usually irrelevant because the litigation timeline far exceeds 30 days.

Service of Process

Within 30 days of filing, your spouse must be formally notified of the divorce action under Rule 4 of the Alabama Rules of Civil Procedure.

Uncontested: Your spouse signs an Answer and Waiver (or Acceptance of Service) in front of a notary, acknowledging receipt and waiving formal service. This can happen the same day you file.

Contested: You must arrange formal service through one of these methods:

• Sheriff delivery (~$30 fee)
• Certified mail with restricted delivery and return receipt
• Private process server (must be over age 19 and not a party to the case)
• Service by publication — only if your spouse cannot be located after diligent search

Your spouse then has 30 days from service to file an Answer. If they do not respond within 30 days, you can file for default judgment using Form PS-10.

Temporary Orders (Pendente Lite)

Between filing and the final decree, either spouse can request temporary court orders — called pendente lite orders — to maintain stability while the case is pending.

Common temporary orders include:

• Temporary custody and visitation — establishes where the children live and the parenting schedule during the case
• Temporary child support — calculated using the same Rule 32 guidelines as permanent support
• Temporary spousal support — monthly maintenance payments while the divorce is pending
• Restraining orders on assets — prevents either spouse from selling, hiding, or depleting marital property
• Exclusive possession of the marital home — orders one spouse to vacate

To request temporary orders, you file a motion with the court and request a pendente lite hearing. The judge schedules a hearing (typically within 2 to 4 weeks), hears brief testimony or reviews affidavits, and issues an order that remains in effect until the final decree replaces it.

Pendente lite hearings are shorter and less formal than a full trial, but they still require you to present evidence supporting your request — income documentation for support, a proposed parenting plan for custody, or evidence of asset dissipation for restraining orders.

The Discovery Phase (Contested Cases)

If your divorce is contested, both sides engage in discovery — the formal exchange of financial and factual information. Discovery tools available in Alabama divorce cases include:

• Interrogatories — written questions the other spouse must answer under oath
• Requests for Production — demands for documents (bank statements, tax returns, business records)
• Depositions — sworn, recorded testimony taken outside of court
• Subpoenas — court orders compelling third parties (banks, employers) to produce records

Discovery can take 3 to 6 months in a typical contested case. The court may set a discovery deadline, after which no new discovery requests can be filed.

Mediation (Often Required)

Many Alabama circuit courts require mediation before setting a contested case for trial. Even in counties without a mandatory mediation rule, the presiding judge can order it under Rule 2 of the Alabama Civil Court Mediation Rules.

If mediation produces a settlement on all issues, the case converts to uncontested and proceeds directly to the final paperwork stage.

Court Hearings: What to Expect

Uncontested cases often require no court appearance at all. The plaintiff submits notarized written testimony on Form PS-09, and the judge reviews the file and signs the decree from chambers. Some counties still schedule a brief prove-up hearing (10 to 15 minutes) where you confirm your testimony on the record.

Contested cases involve multiple hearings:

• Status conferences — procedural check-ins where the judge sets deadlines
• Pendente lite hearings — temporary orders (described above)
• Pre-trial conference — the judge and both parties discuss settlement possibilities and narrow the issues for trial
• Trial — formal presentation of evidence, witness testimony, and arguments. The judge issues a ruling from the bench or takes the case under advisement

Dress professionally, arrive early, bring organized copies of all relevant documents, and address the judge as "Your Honor." Do not interrupt opposing counsel or the judge. When testifying, answer only the question asked — do not volunteer extra information.

Receiving the Final Decree

Once the judge signs the Final Judgment of Divorce, the marriage is legally dissolved. The circuit court clerk files the decree, and you can request certified copies (typically $1 to $5 per page depending on the county).

Two post-decree rules to know:

• 60-day remarriage restriction — Under Alabama Code Section 30-2-10, neither party can remarry for 60 days after the decree is entered, unless they remarry each other
• 30-day appeal window — Either party can appeal the divorce decree within 42 days under the Alabama Rules of Appellate Procedure (Rule 4)

Keeping Track of the Timeline

The post-filing timeline depends entirely on your case type:

The Alabama Divorce Filing Process Guide maps each of these paths from first filing through final decree — including the exact forms, deadlines, and county-specific procedures for each stage of the process.

See more Alabama guides →