Alabama Divorce When Your Spouse Won't Cooperate (2026)

Alabama does not require your spouse's consent to divorce. File the Complaint, serve the Defendant, wait 30 days, and proceed through the Circuit Court even without cooperation.

One-Party Filing

1. File Complaint for Divorce at Circuit Court
2. Serve the Defendant
3. Defendant has 30 days to file an Answer
4. 30-day waiting period runs concurrently
5. If no Answer → proceed to default
6. If Defendant answers but disputes issues → contested case

Service of Process

Sheriff service: File the Complaint and pay a service fee. Sheriff serves the Defendant personally. Affidavit of service filed with the court. Most reliable option. Cost: $25–$60.

Certified mail: Alabama allows service by certified mail. If unclaimed or refused, proceed to sheriff service.

Acceptance of Service: Even in non-cooperative situations, the Defendant may agree to sign an Acceptance of Service to avoid being served by a sheriff.

Defendant Cannot Be Located:

1. Conduct a diligent search — last known address, family, social media, employment records
2. File an Affidavit of Diligent Search with the court
3. File a Motion for Service by Publication
4. If granted: publish notice in a local newspaper for 4 consecutive weeks
5. Service complete after publication period

Temporary Orders During the Case

File a Motion for Temporary Orders after filing:

• Temporary use of the marital home — designates which spouse stays
• Temporary alimony — pendente lite support during the case
• Temporary restraining order — prohibits Defendant from transferring or dissipating marital assets
• Preliminary injunction — longer-term asset protection during the case

Temporary orders can be entered at an expedited hearing — often within 2–4 weeks of filing.

Default Procedure

If Defendant is served and does not respond within 30 days:

1. File a Motion for Default Judgment or Affidavit of Default with the Circuit Court clerk
2. Default hearing: Brief hearing before the judge. Plaintiff testifies about:
   • Residency (6 months in AL or spouse in AL)
   • Marriage and separation
   • Grounds for divorce
   • Requested property division and alimony
3. Divorce Decree entered based on Plaintiff's testimony and proposed settlement terms

Note: The 30-day waiting period still applies in default cases — the default cannot be entered before Day 31 from filing.

Contested Divorce

If Defendant responds and disputes issues:

1. Defendant files an Answer (and possibly a Counter-Claim)
2. Temporary orders set immediate arrangements
3. Discovery phase: financial disclosures, depositions, interrogatories
4. Mediation (encouraged by Alabama courts)
5. Pre-trial conferences
6. Trial if no settlement
7. Divorce Decree entered after trial

Last reviewed: March 2026 | 30-day wait applies in default cases too | Temporary orders available immediately | Spouse-in-Alabama exception still applies | alabamalawhelp.org

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