Alabama Divorce FAQ — Most Common Questions (2026)

Residency

I just moved to Alabama — can I file for divorce here? If your spouse currently lives in Alabama, yes — file immediately. Alabama allows you to file in the Circuit Court of the county where your spouse (the Defendant) lives, regardless of how long you have been in Alabama. If your spouse does NOT live in Alabama, you must live in Alabama for 6 months before filing.

My spouse moved out of Alabama — how long before I can file? If you have lived in Alabama for 6 months, you can file now. File in the county where you live (since your spouse is a non-resident).

Grounds

What is "incompatibility of temperament" in Alabama? It is one of Alabama's two no-fault divorce grounds. It means the parties have such different personalities, values, or attitudes that they simply cannot get along, and reconciliation is not reasonably possible. It has the same practical effect as "irretrievable breakdown" — you don't need to prove fault.

Does Alabama require a separation period? No. Alabama has no mandatory separation period before filing. The only mandatory delay is the 30-day waiting period after filing.

Waiting Period

Can the 30-day waiting period be waived? No. The 30-day waiting period is mandatory. The Circuit Court cannot enter a Divorce Decree before 30 days have passed from the date the Complaint was filed.

Property and Alimony

Is Alabama a 50/50 state for property? No. Alabama is an equitable distribution state with broad judicial discretion. There is no statutory percentage presumption. Courts divide marital property fairly based on all relevant circumstances.

Does adultery affect alimony in Alabama? Yes, significantly. Alabama courts consider fault — particularly adultery — in alimony determinations. An adulterous spouse may be denied alimony or receive a reduced award. The innocent spouse may receive a more favorable alimony outcome.

Children

When does child support end in Alabama? Age 19 — not 18. Alabama uses 19 as the age of majority for child support purposes.

What formula does Alabama use for child support? Alabama uses the Income Shares Model under Rule 32. Both parents' gross incomes are factored into a schedule to determine the basic support obligation. Child care costs, health insurance premiums, and parenting time adjustments are also factored in.

Forms and Fees

Where do I get Alabama divorce forms? alabamalawhelp.org is the best free source for Alabama self-represented filers. Also check your county's Circuit Court website.

How much does it cost to file for divorce in Alabama? $150–$200 depending on the county. Fee waivers available for qualifying low-income filers.

Last reviewed: March 2026 | Spouse-in-Alabama exception | 30-day waiting period | Child support ends at 19 | Judge of Probate for deeds | alabamalawhelp.org

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