Alabama Divorce Records

Alabama has one of the highest divorce rates in the United States at 3.2 per 1,000 residents. The divorce process in the state can either be contested or uncontested. In a typical divorce process, both spouses will have to discuss and agree on certain matters, including child custody, alimony, support, and property division. When both spouses agree on all these issues, it is called an uncontested divorce, and the process may be finalized quickly within a few months. On the other hand, in a contested divorce, both spouses, after negotiating on the issues involved in the process, cannot agree on them all. Failure to reach an agreement makes them go to trial, where the court will decide the issues. Contested divorce typically takes significantly longer to resolve compared to uncontested divorce. Generally, the actual time it takes to finalize a divorce in Alabama varies based on the uniqueness of each case.

Per Section 30-2-5 of the Alabama Code, if only one spouse resides in Alabama, they must have lived there for at least six months before they can file for divorce. There is no period limitation for spouses who both live in the state. The spouse filing for divorce must do so in the county where the other spouse resides. If the other spouse no longer lives in Alabama but resided in the state when the couple separated, the filing spouse can file in the county where they both lived at the time of separation. A divorce is registered in Alabama by preparing a Complaint for Divorce and other supporting documents and filing them with one of the state's Circuit Courts.

Alabama divorce records are generally considered public records and may be accessed online through dedicated government-run databases. They may also be obtained by visiting the relevant state or county agencies in person. However, in certain circumstances where divorce records contain confidential information or have been sealed, such records may not be subject to public disclosure.

What are Divorce Records?

Generally, divorce records are records that detail divorce proceedings. A typical divorce record in Alabama will include information such as the names of individuals involved in the divorce, addresses, race, the date of dissolution, and other details like where the marriage dissolution took place. Divorce records are maintained by relevant state and county agencies in Alabama because they hold a wealth of information that is invaluable for many purposes. For instance, they can be of great help when researching family history or conducting legal research. Also, divorce records are like open books for anyone seeking information about past divorce proceedings, parties involved, and settlements. These records may also help anyone curious about another person's marital status.

In Alabama, divorce records are created from divorce proceedings in the state's various Circuit Courts. Every document submitted at the point of filing a petition for divorce, documents/information gathered during the proceedings, and a judge's final decision all form parts of a divorce record in the state. Divorce records created in Alabama before 1950 may be accessed at the county Circuit Courts where they were issued. The Alabama Center for Health Statistics began collecting divorce records in 1950. The Center operates the state's Vital Record System, where copies of divorce certificates and other vital records are stored.

Are Divorce Records Public in Alabama?

Yes. The Alabama Code, Section 36-12-40, gives every citizen the right to inspect and obtain a copy of any document generated by the state, including divorce records, except as otherwise exempted by statute. In most cases, vital details such as filing dates, the identities of individuals involved in a divorce case, and the final decisions made by the court, are typically made available to the public in the state. While Alabama divorce records are generally public documents and can be accessed by anyone with sufficient information, documents or files containing sensitive or confidential information are usually not disclosed. For instance, financial agreements, account numbers, and bank statements in a divorce record may not be made public.

Records of divorce publicly available in Alabama include case files, divorce decrees, and divorce certificates, and may be accessed online or offline. The responsibility of maintaining divorce records in the state largely falls on the local or county authorities where the divorce process was finalized. With the following information, anyone interested in accessing or obtaining divorce records in the state should be able to do so:

The location (county) and date of the divorce
The names of both spouses (in full). If one or both spouses have been married multiple times, the full name of the affected spouse before the first marriage is required
The requester's name, contact information, and signature. The contact information must include a phone number and an address

Divorce Stats and Rates in Alabama

The divorce rate in Alabama has been historically high. For the first time in the last two decades, the state had its lowest divorce rate in 2022 (3.2 per 1,000 people). It was 5.2 per 1,000 residents in 2002. Even at 3.2, Alabama is considered one of the states with the highest divorce rates in the United States, with the national average at 2.4 per 1,000 population in 2022.

According to reports, men account for 11.5% of the divorced population in Alabama, while women account for 13.2% of that demographic. By racial distribution, the Hawaiians in the state have the highest divorced population at about 15.7%, followed by the Indians at 14.6%. Blacks, Whites (non-Hispanic), Whites, Asians, and Hispanics make up 13.2%, 12.5%, 12.4%, 5.9%, and 7.8% of Alabama's divorced population.

Grounds for Divorce in Alabama

Anyone filing for divorce in Alabama must have legal grounds for doing so. The state permits individuals who wish to end their marriages to file an at-fault divorce or a no-fault divorce. In most cases, people who file for a no-fault divorce often cite "irreconcilable differences" as the reason they seek to sever ties with their partners. Such divorces are typically granted once both spouses agree there is an irretrievable breakdown of the marriage despite attempts at reconciliation.

To file for an at-fault divorce in Alabama, a person must have specific reasons or grounds for their actions, which must be clearly stated in their Divorce Complaint. The following are some of the tenable reasons an individual can cite in their pursuit for an at-fault divorce in Alabama, as stipulated in Section 30-2-1 of the State's Code:

Voluntary abandonment from bed for one year preceding the complaint filing
Adultery
Addiction to habitual drunkenness or use of hard drugs after marriage
Imprisonment for two years for a jail sentence that will run for at least seven years
Confinement in a mental hospital for at least five successive years if the spouse from whom divorce is sought is incurably insane when filing the divorce complaint
The wife was pregnant at the time of getting married without the husband or agency's knowledge
Domestic violence
Committing a crime against nature before or after marriage
Complete incompatibility of temperament between both spouses, making it difficult to live together further
Both spouses have lived separate and apart for two years without support if the party filing for divorce lived in Alabama during the period

How to File for Divorce in Alabama

Anyone filing for divorce in the state must meet the residency requirements outlined in Alamaba Code, Section 30-2-5, and have permissible grounds for wanting to opt out of their marriage. Afterward, they need to decide on the type of divorce they want to have, which may either be a contested or uncontested divorce.

If both spouses have reached a mutual agreement on all the issues, one can file an uncontested divorce by submitting the following to the appropriate Circuit Court:

A marital settlement agreement (signed by both spouses), which may either be a pre-nuptial or a post-nuptial agreement
A Divorce Complaint (PS-08) and Summons
A notarized plaintiff's testimony affidavit. The Form PS-09 will suffice if there are no minor children in the union or assets and debts to divide
An affidavit showing that either the plaintiff or defendant lives in Alabama

The process may become a little more complicated if both spouses have children and child support is required. In that case, the plaintiff is required to file additional paperwork, including Form CS-41 (Child Support Obligation Income Statement/Affidavit). The Uncontested Divorce Packet contains all the necessary documents to file an uncontested divorce in Alabama.

The paperwork required for filing a contested divorce in Alabama is the same as an uncontested divorce, except that a contested divorce filing will not include a marital settlement agreement. Typically, the defendant (the other spouse) will be served copies of the paperwork after filing the necessary paperwork in court. Afterward, both parties will appear in court, and there will likely be multiple hearings.

After the initial filing, the plaintiff and the defendant's attorney may participate in discovery, where both parties request and exchange information. This is the phase where both spouses get a clear picture of their financial positions and marital estate, and it is crucial, especially if one spouse believes the other is hiding some assets or lying about their income. Some underlying issues must also be resolved, during which decisions regarding several individual issues must be made. Otherwise, the issues may be put before a judge for litigation at trial. Some of these issues include establishing child support, dividing marital debts and assets, alimony, and determining child custody and visitation.

Alabama Divorce Decree

An Alabama divorce decree is a lawfully binding document detailing a court's final order to end a marital union. It is typically issued after a judge decides on all the issues in a divorce case and contains all the terms for the divorce. Once issued, a divorce is official and absolute, and both parties are legally required to act according to the agreements and instructions. Generally, a divorce decree packs more information than a divorce certificate. A typical Alabama divorce certificate will include alimony, child custody, visitation arrangements, spousal support (if applicable), personal details of the parties involved, and the reason the marriage was dissolved. It will also contain the final decisions, particularly relating to how debts and marital assets are to be split.

In Alabama, the Vital Records Office of the state's Department of Health maintains divorce decrees for divorces that have taken place in the state from 1950 to date. Similarly, Alabama divorce records are stored by the Office of the Clerk of the Court where such divorces were finalized. Interested persons can obtain them upon submitting their requests to the relevant Clerk Offices. Obtaining certified copies of an Alabama divorce decree comes at a fee, usually about $0.50 per page.

How to Find and Access Alabama Divorce Records

Anyone with sufficient information can obtain an Alabama divorce record. Generally, these records may be accessed online and offline from multiple sources.

Online Access to Alabama Divorce Records

Interested persons may request Alabama divorce records online using third-party services, particularly those approved by the state's Department of Public Health. Such service providers typically work hand-in-hand with the Vital Records Office to provide requesters with divorce certificates and often charge additional fees for their services and shipping, where required. Typically, it costs $15 to search for and obtain an Alabama divorce certificate through the state's Vital Records Office and $6 for each additional copy of the certificates ordered in a single request.

Alternatively, Alabama's On-Demand Public Access to Trial Court Records Portal provides access to civil records online and may include some state divorce records maintained by trial courts. Interested persons can search by case numbers or names of the parties involved in the divorce cases of interest.

Offline Access to Alabama Divorce Records

Alabama divorce certificates may be obtained in person or by mail at the state's Vital Records Office. For in-person requests, visit any county health department to access and obtain a copy of an Alabama divorce certificate held by the state's Department of Public Health. In most cases, requesters can wait to receive copies of those records.

For mail-in applications, requesters should send a completed Application Form alongside copies of valid IDs and the appropriate fee ($15 check or money order made payable to the State Board of Health) to the Vital Records Office at:

Alabama Vital Records

P.O. Box 5625

Montgomery, AL 36103-5625

Alabama divorce records, including divorce certificates and decrees, may also be obtained in person at the Court Clerks' Offices, where such divorce proceedings took place and the divorces were finalized.

References

Counties in Alabama

List of Content

What are Divorce Records?
Are Divorce Records Public in Alabama?
Divorce Stats and Rates in Alabama
Grounds for Divorce in Alabama
How to File for Divorce in Alabama
1. Alabama Divorce Decree
How to Find and Access Alabama Divorce Records
1. Online Access to Alabama Divorce Records
2. Offline Access to Alabama Divorce Records