10 Alabama Divorce Mistakes to Avoid (2026)

Alabama's unique features — the spouse-in-Alabama exception, 30-day wait, fault-based alimony rules, child support ending at 19, and deed recording at the Judge of Probate — create specific mistakes not found in other states.

Mistake #1 — Not Knowing About the Spouse-in-Alabama Exception

New Alabama residents often wait 6 months before filing — but if their spouse lives in Alabama, they can file immediately. Waiting unnecessarily when you didn't have to.

Fix: As soon as you move to Alabama, check: does your spouse currently live in Alabama? If yes, you can file for divorce in Alabama immediately.

Mistake #2 — Filing in the Wrong County

Alabama divorce Complaints are filed in the county where the Defendant (Respondent) lives — not necessarily where you live. If you file in the wrong county, the case may be dismissed or transferred, costing time and money.

Fix: File in the county where your spouse lives. If your spouse is not a resident of Alabama, file in the county where you live.

Mistake #3 — Expecting a Final Decree Before Day 31

Alabama's 30-day waiting period cannot be waived. Some people submit paperwork and expect an immediate decree. The judge cannot enter the Decree before 30 days have passed from the filing date.

Fix: Count 30 days from your filing date. Don't schedule a hearing or expect a Decree before Day 31.

Mistake #4 — Not Knowing That Child Support Ends at 19 (Not 18)

Alabama's age of majority for child support purposes is 19, not 18. Planning for college or other post-18 expenses assuming support ends at 18 can create financial gaps.

Fix: Include child support termination language that correctly states: "Child support shall continue until [child's name] reaches the age of 19 or as otherwise ordered by the court."

Mistake #5 — Leaving Alimony Unaddressed in the Settlement Agreement

An agreement that neither awards nor waives alimony leaves the door open for future litigation.

Fix: Either specify alimony terms or include a complete waiver. For waiver: "Each party waives any claim for alimony, permanent or periodic, past, present, and future."

Mistake #6 — Not Understanding Fault's Impact on Alimony

Fault (especially adultery) can significantly reduce or eliminate alimony in Alabama. If you committed adultery, an alimony award may be substantially reduced; if your spouse committed adultery, courts may award more favorable alimony terms to you.

Fix: If fault is potentially at issue, consult an Alabama attorney to understand the impact on alimony in your specific case before finalizing the settlement.

Mistake #7 — Recording the Deed at the Wrong Office

Alabama counties record real property at the Judge of Probate — not at a "Recorder of Deeds" or "Register of Deeds." These offices don't exist in Alabama. Recording at the wrong office means the transfer is not officially on record.

Fix: After refinancing, prepare a Quit Claim Deed and record at the Judge of Probate in the county where the property is located.

Mistake #8 — No QDRO for Employer Retirement Plans

The Divorce Decree awarding part of the 401k or pension does not divide the account. Only a QDRO actually splits the retirement account.

Fix: After the Decree, hire a QDRO specialist. Do not wait — delays can complicate the process if the retirement plan changes structure or the employee spouse retires.

Mistake #9 — Incomplete Financial Statement

Both parties must submit Financial Statements. Submitting an incomplete one or forgetting one party's form can cause the court to continue the case.

Fix: Complete the Financial Statement thoroughly. Exchange with the other party before the final hearing or Decree submission.

Mistake #10 — Not Updating Beneficiary Designations After the Decree

Federal ERISA law does not automatically remove an ex-spouse as the beneficiary of a 401k or pension plan after a divorce. Until changed, the ex-spouse may receive the proceeds if the account holder dies.

Fix: The day after the Decree is entered, update all beneficiary designations — 401k, IRA, pension, life insurance, annuities.

Last reviewed: March 2026 | Spouse-in-Alabama exception | Child support ends at 19 | Deeds at Judge of Probate | alabamalawhelp.org

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