Alabama Divorce Checklist — Step-by-Step (2026)

Phase 1 — Pre-Filing Preparation

• Confirm residency: 6 months in Alabama OR spouse currently lives in Alabama
• Identify the correct Circuit Court (Defendant's county; or Plaintiff's county if Defendant is non-resident)
• Gather all financial documentation:
  • Recent pay stubs (both spouses, last 2–3)
  • Last 2–3 years of federal and state income tax returns
  • All bank and savings account statements
  • Investment account statements
  • Retirement account statements (401k, IRA, pension)
  • Mortgage statement (balance, payoff amount)
  • Vehicle loan statements
  • Credit card and all other debt statements
  • Business interest documentation (if applicable)
• Inventory all property:
  • Marital property (acquired during marriage) — equitable distribution
  • Separate property (pre-marital, gifts, inheritances) — stays with original owner
• Inventory all debts

Phase 2 — Draft the Settlement Agreement

• Division of all marital property:
  • Real estate — who keeps or sale; equity split; refinancing deadline
  • Bank and savings accounts — split or assign
  • Investment accounts
  • Retirement accounts — QDRO for employer plans; IRA transfer
  • Vehicles — who keeps; refinancing
  • Business interests (if any)
• Non-marital (separate) property confirmed to original owner; include waiver
• Marital debt allocation; indemnification clauses
• Alimony: amount, duration, termination events; OR written waiver
  • Note: Fault affects alimony in Alabama; adultery can bar alimony to guilty spouse
• If children:
  • Legal custody (joint or sole)
  • Physical custody and visitation schedule
  • Child support per Alabama Rule 32 Guidelines
  • Health insurance and extraordinary expenses
• Both parties sign and notarize the Settlement Agreement

Phase 3 — Complete Required Forms (alabamalawhelp.org)

• Complaint for Divorce
• Summons
• Acceptance of Service / Waiver (if Defendant will sign)
• Settlement Agreement / Separation Agreement
• Financial Statement — both parties complete
• Parenting Plan (if children)
• Child Support Guidelines Worksheet — Rule 32 (if children)
• Child Support Income Withholding Order (if children)

Phase 4 — File at Circuit Court

• Make 3+ complete copies of entire packet
• File at Circuit Court clerk's office in the correct county
• Pay $150–$200 filing fee
• Receive case number

Phase 5 — Serve the Defendant

• Defendant signs Acceptance/Waiver of Service (agreed cases)
• OR serve via sheriff or process server
• File proof of service with the Circuit Court

Phase 6 — The 30-Day Waiting Period

• Count 30 days from the filing date (mandatory — no waiver)
• Use this time to finalize Financial Statements and Settlement Agreement
• Check whether your county requires a hearing or allows paperwork-only final judgment

Phase 7 — Final Judgment

• Submit completed paperwork OR attend final hearing (per your county's procedure)
• Judge reviews Settlement Agreement and Financial Statements
• Judge enters Final Judgment of Divorce (Divorce Decree)

Phase 8 — Post-Divorce

• Real estate: Deed → record at county Probate Judge (Judge of Probate)
• Vehicles: Alabama DMV title transfer
• Retirement: QDRO for employer plans; IRA transfer
• Beneficiary designations: Update all accounts
• Name restoration: Social Security → Alabama DMV → bank accounts
• Health insurance: New coverage within COBRA window (60 days)

Last reviewed: March 2026 | 30-day wait from filing | Spouse-in-Alabama = file immediately | Forms: alabamalawhelp.org | Deeds recorded at Judge of Probate

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.