How to Get a No-Fault Divorce in Alabama: State Requirements and Documents

Do you want to know how to apply for divorce in Alabama?

What you will discover:

Requirements for Residency
Complete your Forms
Make duplicates of your forms.
Bring your completed forms to your local court clerk’s office and pay the additional assistance fee.

The state of Alabama recognizes no-fault divorces. One of the parties must claim that the union is “irretrievably broken.” This is referred to as “irreconcilable differences,” and it indicates that the two sides no longer get along.

Requirements for Residency

To apply for divorce in Alabama, one of the partners must have lived in the state for at least 6 months previous to submitting for divorce, and the divorce must be submitted in the proper county. The city of domicile of the parties engaged in the divorce determines jurisdiction.

Complete your Forms

When applying for divorce, you must submit certain papers to the Court. The state of Alabama provides streamlined divorce procedures for partners who have no children, no assets, no real estate, and no shared obligations. Furthermore, any personal property held by the parties (clothing, furnishings, cars, bank accounts, collections, etc.) must have already been split. The streamlined procedure enables the pair to submit a Divorce Complaint (Form PS-08) to seek divorce without the need for the Court to intervene in any contested issues.

When the parties pursuing divorce have assets, shared obligations, children, or other problems that necessitate Court involvement or judgment, the divorce must begin with a Petition for Divorce. This document initiates the divorce proceedings. The Petition describes the couple’s status for divorce in Alabama, the cause for divorce, and any other issues they want the court to resolve.

If both parties concur on the conditions of their divorce, a Divorce Settlement Agreement should be completed. You can finish this document, which details the conditions of the split of property, assets, and obligations in your divorce,

Make duplicates of your forms.

Make at least two duplicates of each document after you have completed it. One set will be submitted with the court clerk’s office, while the other should be retained for your documents.

Bring your completed forms to your local court clerk’s office and pay the filing fee.

Bring the originals and duplicates of your papers to the court clerk’s office. If everything is in order, the assistant will use the original papers and charge a filing fee. As the divorce process progresses through the system, additional papers will be needed. You must maintain contact with the County Clerk to ensure that no dates are overlooked.

Additional Support

Unfortunately, the State of Alabama does not provide a webpage with divorce paperwork or extra help. For extra help, call your county Clerk of Court’s office to ascertain any additional documents required, as well as the local divorce processes and requirements.