Find out if you and your circumstances are eligible for our easy divorce process.
2
Complete the questionnaire
Our questionnaire guides you through filling out divorce paperwork.
3
Review your forms
Review your personalized legal documents before final submission.
4
File for divorce
Take the final step towards your new beginning with detailed filing instructions.
Over 500,000 people have used OnlineDivorce
For over 24 years, we’ve empowered individuals to get quick and stress-free divorces while saving money in the process.
I started my divorce on my own, spending loads of money on lawyer visits in the beginning.
So I decided to google for other ways and using this site was so much more simple!
Wesley H.Missouri
I had a very successful business at the time. So, making sure I had the right forms was
very very important during my divorce. I was so surprised at how easy and smooth this process was.
James V.Texas
After years of a tumultuous marriage, I finally decided that I needed to reclaim my life.
I was looking for how to go about it and came across this site and they simplified and made
the process of divorce easy for me. I never thought it would’ve been possible.
Chloe J.Florida
Stress-free and easy! I was initially gonna hire a lawyer but I found online divorce the
next best option. No muss, no fuss divorce. No big legal words that I’d have to have read
10 times to understand!
Will S.Colorado
California is expensive and divorce can be even more expensive in the end but I can say
that this site payed everything out for me to follow, from child support to alimony.
My ex agreed to go this way as well so it was a much less expensive option for us.
Marco P.California
Because of the whole dissolution of the marriage, I was struggling with two children and
just in limbo with my husband at the time because of child support and alimony. I was a
stay-at-home mom for 10 years. I just want to say that this site helped me sort it out.
Thank you.
Tamara B.Nevada
I live in upstate NY and unfortunately one day I found myself in a situation for divorce.
I was all out of whack, needed answers to take action. Enough was enough so I did it on this
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Theresa S.New York
Onlinedivorce.com is the bomb! I mean, using it was so easy to follow. So, if you find
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Livy B.Illinois
It's less expensive
Contested divorces can cost on average $11,000 in lawyer fees. OnlineDivorce is fast, affordable, and simple.
$199Limited Time Offer
An easy and quick method to prepare for uncontested divorce online and get high-quality divorce papers
A complete packet of divorce documents at a low cost
Fast preparation of all court forms within 2 business days
Thorough instructions explaining how to start a divorce
Convenient to use from any device at any time
Responsive customer email, chat, and phone support
Divorce with a Lawyer
>$11,000On average
Divorce with a lawyer can be adversarial, lengthy, inconvenient and
costly
Litigated divorces are extremely expensive - $11,000 on average
They take longer to get finalized - up to a few years
Little or no control over the divorce outcome
Litigation ignites more conflicts between the parties
Prolonged court trials negatively affect children
Support for all types of divorces
Every divorce is different, but with Onlinedivorce you
can personalize your assistance for every aspect of your online divorce.
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Online Divorce in Alabama
For those seeking an inexpensive divorce in the state of Alabama, online divorce can be an easy, affordable and fast solution. Online divorce may be appropriate for couples who have an uncontested case.
The step-by-step process of preparing divorce documents at OnlineDivorce.com makes it easy for the client. The site helps prepare all the necessary divorce forms and provides detailed written instructions on how to file for divorce in Alabama.
Our divorce document preparation service can assist those who want their divorce papers completed in a quick and stress-free fashion. Alabama has unique divorce forms and filing requirements, and our online system provides the exact forms necessary along with instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.
If the two spouses have an amicable agreement on the terms of the divorce, why should the process get drawn out, and why should money be spent on lawyers? Online divorces are often cheaper, quicker and easier.
Online divorce can be a great option for those who want to save money and have the divorce finalized quickly to return to normal life. An increasing number of people are preparing documents for divorce online because it can be done in the comfort of one’s own home. Even for complex cases that involve children, property or other assets, the online route is possible.
The process at OnlineDivorce.com is 100% secure. We protect the client’s information, and nothing gets filed until the client personally submits the divorce papers to the court. Filing for divorce in Alabama with OnlineDivorce can be a simple solution to a difficult situation.
Filing:
OnlineDivorce.com begins the divorce process by presenting a simple online questionnaire. It can be filled out alone or with the assistance of a spouse. A signature from the other spouse must be obtained, after which the divorce forms may be filed at the local court.
In Alabama, this is typically done in the circuit court of the county in which the defendant resides or in the court of the county where the spouses resided when the breakdown of the marriage occurred. If the defendant is not currently a resident, the complaint for divorce should be filed in the county where the plaintiff resides.
The actual filing process is explained in the detailed court-filing instructions that we provide with the completed divorce forms. Clients can also obtain assistance from their local courthouse by calling or stopping by.
If there are any issues with the documents after the initial filing, clients may need to follow up. OnlineDivorce.com helps the client make small adjustments to their forms, as requested by the court, at no additional charge. The goal of the service is always to minimize stress and hassle.
Residency:
Every state has specific requirements where divorcing couples must establish residency before filing for divorce. Alabama is no exception.
If both spouses are residents of Alabama, a divorce can be filed at any time.
If the defendant is a resident of Alabama but the filing spouse lives in another state, a divorce can be filed at any time.
If the filing spouse is a resident of Alabama, but the other spouse is not, the spouse filing for divorce must have been a resident of the state for a minimum of six months before filing for divorce, which must be alleged in the complaint and proved.
The divorce may be filed in:
The county where the defendant lives;
The county where the spouses both lived at the time of their separation; or
The county where the plaintiff lives if the defendant is a non-resident of Alabama [Code of Alabama; Title 30, Chapters 2-4 and 2-5].
There are many ways to prove that residency has been established. The easiest way is if one or both spouses have a current and valid Alabama driver’s license, ID card, or voter’s registration card issued at least six months before filing for divorce.
If this is not the case, it may be possible to establish residency by having someone who knows you or your spouse testify that you have lived in the state for at least six months. This third party will have to sign the Affidavit of Residency. After being notarized, such a document can be used as proof the plaintiff meets Alabama residency requirements.
Valid grounds to get divorce in Alabama
Each state has unique grounds on which the court can dissolve the marriage. The divorce complaint must state the specific ground upon which the divorce is being sought.
There are two primary categories of grounds for divorce in Alabama: fault and no-fault.
No-fault reasons for divorce in Alabama include:
Irretrievable breakdown of the marriage without hope of reconciliation;
Complete incompatibility of temperament making it nearly impossible to continue living together as spouses;
Voluntary separation for one year or more before the filing of the complaint.
General fault-based reasons include:
Adultery or infidelity;
Living separate and apart without cohabitation for at least two years without the husband supporting the wife (divorce must be filed by the wife, who has bona fide resided in the state during that period);
Imprisonment (for over 2 years if the total sentence is more than 7 years);
Unnatural or deviant sexual behavior either before or after the marriage;
Habitual drunkenness or habitual use of opium, morphine, cocaine, or other drugs, and this addiction began after marriage;
Confinement in a mental hospital for five successive years, the party from whom a divorce is sought is incurably insane at the time of the filing for divorce (requires a certified statement under oath from the superintendent of the mental institution where the spouse is confined);
The wife was pregnant by another at the time of the marriage without the husband’s knowledge;
Physical abuse, attended with danger to life or health, or reasonable apprehension that physical violence will occur;
Physical and incurable incapability of consummating a marriage. [Code of Alabama; Title 30, Chapter 2-1].
Divorce in Alabama
Custody of the child in Alabama
In Alabama divorce cases, the court can choose to award either joint or sole custody to either parent or both parents. The state of Alabama defines the term joint legal custody not as who has the child in his or her possession but instead as a form of “shared parental rights and responsibilities.”
Alabama courts can grant child custody upon divorce to either parent based on the consideration of the following factors:
Best interests of the child or children: When minor children are involved in a divorce, the Alabama courts can do whatever it takes to lessen the emotional trauma. If the parents cannot reach an agreement regarding the issues in which the children are involved, the court will determine custody at its discretion.
Age and sex of the child;
The mental and emotional health of the parents;
Each parent’s ability to provide a safe and nurturing environment for the child;
The safety and wellbeing of the child;
The moral character of the parents;
The relationship between the children and each parent;
Any special needs of the child, if applicable.
All parents are given fair and equal consideration when determining custody, and no preference is given to one parent versus the other based on gender.
Joint custody is recognized and supported as preferable to sole custody when the parents have shown the ability to act in the best interest of their children. Yet, shared legal custody does not necessarily mean equal physical custody.
In determining whether joint custody is in the best interest of the child, the court shall consider the same factors considered in awarding sole legal and physical custody, including the following:
The parents' wishes regarding joint custody;
Both parents' ability to cooperate with each other;
Each parent's ability to encourage the child's contact with the other parent;
The geographic proximity of the parents to each other, their schedules, and other logistics, as factors important for considerations of joint physical custody;
Any history of actual and potential child abuse and spouse abuse.
Alabama typically favors joint legal custody (but not equal physical custody). If both parents request joint custody, the presumption is that joint custody is in the child's best interest.
If the child is mature enough to express a preference, their wishes can also be considered.
However, there is a legal presumption against giving custody to any person who has inflicted violence against either a spouse or a child. In abuse cases, the judge is required to consider any history of domestic abuse and may not consider the fact that a parent or spouse has relocated to avoid abuse.
Thus, joint legal or physical custody may be awarded. However, if the wife abandons the husband and the children are over seven years old, the husband is granted custody if he is deemed suitable. Grandparents can also be granted visitation rights [Code of Alabama: Title 30, Chapters 3-1, 3-5 to 3-6.1, 3-60 to 3-71, 3-110 to 3-115, 3-170 to 3-179, 3-190 to 3-200; and Alabama Case Law].
Divorce in Alabama
Rules for child support in Alabama
Alabama has adopted specific state-mandated child support guidelines which apply in almost every case, barring extraordinary circumstances. Both parties’ gross incomes and certain child-related expenses are considered when calculating the child support obligation.
In most cases, child support payments continue until the child reaches eighteen years of age and can be extended until they complete their secondary education.
Child support guidelines in Alabama are adopted from the official Child Support Guidelines in the Alabama Rules of Judicial Administration: Rule 32. These guidelines will be presumed to be correct unless the amount is shown to somehow be unjust or inappropriate under the circumstances of a case. A written agreement between the parents for a different amount will also be allowed.
A standardized Child Support Guidelines form and Child Support Income Statement/Affidavit must be filed in every case in which child support is requested. There is also a procedure for expedited processing in child support cases. Alabama driver’s licenses may be suspended for failure to pay child support [Code of Alabama: Title 30, Chapters 3-5 to 3-6.1, 3-60 to 3-71, 3-110 to 3-115, 3-170 to 3-179, 3-190 to 3-200 and Alabama Rules of Judicial Administration: Rules 32 and 35].
Divorce in Alabama
Property division in Alabama
When a couple chooses to divorce in Alabama, they must distribute property fairly and agreeably. Alabama is an “equitable distribution” state, and the judge will have full discretion to divide any marital assets equitably. However, non-marital property is awarded only to the spouse who owns it. This typically includes property acquired before marriage or after the date of separation, gifts, and inheritances.
Exceptions may include if the non-marital assets are commingled during the marriage or if the gifts and inheritances were used for the common benefit of both spouses. The property division must be equitable, which does not necessarily mean exactly equal. The court can consider marital fault in the division of property [Alabama Case Law, Code of Alabama: Title 30, Chapter 30-2-51].
Divorce in Alabama
Rules for spousal support in Alabama
Alimony, also known as spousal support, is sometimes ordered by the court to help one spouse live in a manner established during the marriage after the divorce. The couple may decide support together prior to filing, or the court may award it in a contested case.
The court may award rehabilitative (short-term) or more permanent alimony to either of the spouses in either lump-sum payments or as monthly/yearly payments or both.
The judge has discretion in issuing maintenance to either spouse if the spouse does not have the means to provide for themselves.
This award can be made out of the property belonging to the other spouse unless it is a separate property never used for the common benefit of the marriage.
In applying the statewide uniform guideline, in determining whether a party has a sufficient separate estate to live the same or similar lifestyle as they did while married, the courts also consider the following:
The spouse's separate property;
The marital property received by or awarded to the party;
The liabilities of the party following the division of marital property;
The spouse's earning capacity, taking into account their age, health, education, and work experience;
Any benefits that can help the party in obtaining decent employment;
Custody arrangements, if any (if the party has primary physical custody of a child and for the valid reason cannot seek employment outside the home);
Any other factors the court deems equitable under in a particular divorce case.
Up to half of a spouse’s retirement benefits can be used for alimony if the retirement was accumulated during a marriage of ten years or longer.
Misconduct of either spouse may be considered in determining whether to award maintenance and may bar the right to any maintenance.
Any award of maintenance will be terminated if the recipient is living openly with a member of the opposite sex or has remarried [Code of Alabama: Title 30, Chapters 2-51, 2-52, 2-55, and 2-57].
Divorce in Alabama
Mediation support in Alabama
In Alabama, divorce mediation can be required if:
all parties agree;
upon the request of either party (they should make a motion with the court);
or if the trial court orders mediation at its discretion.
For those seeking to prepare their divorce papers using OnlineDivorce.com, divorce mediation as a form of alternative dispute resolution can be a great tool to prevent the case from going to court. This can be the simplest way to assure a fast, easy and affordable online divorce.
Divorce in Alabama
Divorce Forms in Alabama
Alabama forms produced by OnlineDivorce.com are court-approved divorce forms. We have automated the process of filling them out to simplify matters and avoid any difficulties that may occur when filling out the paperwork alone. By utilizing OnlineDivorce.com, clients can streamline the process of preparing divorce documents to help both parties move forward with their lives.
Divorce in Alabama
Filing fees for divorce in Alabama
When an individual files divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce.com. Clients must check with their local courthouse to determine the exact amount.
How long will it take?
Use of the OnlineDivorce.com service usually takes between 30 minutes and two hours or more, depending on the complexity of the case. Clients start by filling out a questionnaire and can either complete it in one sitting or save their progress and complete it at a later date.
Once the documents have been completed, they need to be filed with the other spouse’s signature. More information regarding the finalization of the divorce case is provided once the paperwork has been completed and submitted to the court.
Divorce in Alabama
Here is how OnlineDivorce.com makes completing divorce papers easier:
We provide the full divorce packet required by the local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, local county forms can vary in color, paper material, size, or bar code, so they may need to be obtained directly from the county clerk's office.
We complete the necessary forms for clients based on their answers given in a simple guided online interview - clients do not need to understand family law or read through complicated instructions to figure out how to fill out the forms themselves.
We give detailed, easy to follow step-by-step instructions for filing a divorce with the court - so the client knows exactly what to do to get his/her divorce finalized.
We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email, or live chat, and we'll do our best to help.
We save our clients time and money - if divorcing spouses agree regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and don't need to spend hours trying to do it all by themselves.
Frequently Asked Questions
Alabama law contains a constitutional provision that allows people to represent themselves in the courts of the state. So, both plaintiff and defendant in a divorce case have the right to proceed pro se, i.e., without a lawyer.
The filing requirements are the same for self-represented litigants as for those spouses who seek legal assistance.
However, it should be noted that such a DIY procedure is not recommended for a contested divorce. Contested cases are more complex, and their outcome may be unfavorable without the help of a qualified lawyer. If the spouses decide to refuse litigation and settle their disputes out-of-court, the process may be completed with limited assistance, such as a couple of legal consultations, mediation, online divorce, or other alternative methods designed to make a divorce easier and less stressful.
Foremost, the spouses have to meet the Alabama residency requirements to be able to file for divorce within the state.
Then the plaintiff, or the spouses jointly, should choose the ground for divorce, which must be indicated in the Complaint for Divorce.
To start the divorce process, the plaintiff needs to prepare the initial divorce papers and also (if the case is uncontested) a Marital Settlement Agreement, where the spouses put all the terms of their separation in writing.
After filing the completed divorce forms with the Circuit Court and paying a filing fee, the plaintiff has to serve the other spouse with copies of the documents, following the rules of civil procedure.
Although an uncontested divorce is typically much cheaper than a contested divorce, it is still not free. Since the circumstances for each divorce case are different, the cost required for the dissolution of marriage may vary significantly. Some spouses may hire an attorney for their uncontested case, some may attend mediation sessions or take parenting classes to resolve child-related issues, and some may proceed without any legal assistance.
Only the court filing fee charged at the moment of applying for divorce is the same for all couples. In Alabama, the court filing fee varies from $200 - $330 depending on the county.
For Alabama court to have jurisdiction over the case, the spouses must meet the residency requirements of the state.
The law states that in cases of marriage dissolution, one of the spouses must have been a bona fide resident of Alabama for at least six months before the Complaint is filed with the court.
Besides this, the spouses have to file for divorce in the county where either party currently lives.
A defendant served with the copies of divorce papers has 30 days to file an answer, except when service is made by publication.
Alabama Family Law also implies a mandatory 30-days cooling-off period after a divorce petition is filed, so even if your spouse responds right away, 30 days it the soonest your divorce can be finalized, though most uncontested cases will take longer.
A free divorce in Alabama is available only for those plaintiffs who are qualified to proceed without paying court costs due to their indigent status. They should file an Affidavit of Substantial Hardship and Order to ask the court for a fee waiver.
In all other cases, the cheapest option to get a divorce in Alabama is to arrange a DIY divorce and pay only the court filing fee, which is mandatory, regardless of the type of divorce.
However, preparing the required legal divorce papers correctly can be tricky and take a long time. To save time and effort and avoid mistakes, it is recommended to use an affordable and reliable divorce paperwork preparation service like OnlineDivorce.com.
In Alabama, the initial divorce forms are the Complaint for Divorce and Summons. These forms are required to start the divorce procedure. Other divorce forms include the Vital Statistics Form, Affidavit of Residency, and Testimony of Plaintiff.
If there are minor children of the marriage, the spouses must also complete the Child Support Guideline Notice of Compliance, Child Support Guideline Form, Child Support Obligation Income Statement, Child Support Information Sheet, and Standing Pre-Trial Order.
Child support case
Sample Documents by State
Please note that your final forms, documents and
filings may be different depending on your state.
Coming soon! If you want to have a look at sample forms for your state and
you cannot find them here, please just give us a call or send us an email.
You are Qualified
You qualify to use OnlineDivorce.com to start your divorce online.
Please note that although you are currently not in agreement with your spouse regarding your divorce,
you will need to agree before you get your divorce paperwork. Our guided process is designed
to walk you through all the important issues in a divorce so you can come to terms.
To begin the process to complete your official divorce forms online, please press the “Continue”
button below.
