What Forms Do I Need to Get a Divorce in Alabama?

The precise Alabama divorce papers you’ll need will depend on the type of divorce you pursue.

Today we’ll discuss four primary paths the person filing for a divorce in Alabama may take and the required forms for each.

But before explaining the different divorce forms in Alabama, the attorneys at Summit Family Law will explain some basics about divorce in Alabama.

This should help you identify which set of forms applies to your situation.

However, it is always best to consult with an experienced divorce lawyer to ensure that you don’t make any mistakes or fill out unnecessary forms which could set your divorce timeline back.

What’s the Difference Between Contested vs. Uncontested Divorce in Alabama?

There are different divorce papers for Alabama contested and uncontested divorces.

In an uncontested divorce, you and your spouse agree on all of the major issues involved, like the division of marital property.

A contested divorce, however, means that you and your spouse do not agree on all of the major issues involved. In fact, you may disagree on whether to get a divorce and the reason.

Alabama Forms for Uncontested Divorce without Minor Children

Below are the Alabama divorce papers you’ll need if you’re filing an uncontested divorce and you and your spouse do not share any minor children.

• Summons: This provides information about the court where the case is filed and any important dates or deadlines.
• Certificate of Divorce: This document has basic information about the couple, the marriage, and the divorce.
• Divorce Complaint: This states the legal reason or grounds for divorce. Typically, in an uncontested divorce, the grounds the spouses select don’t place blame on either party.
• Answer and Waiver of Service: The other spouse fills out and signs this document, agreeing to the divorce and agreeing to accept service, so the filing spouse doesn’t need to hire a process server.
• Affidavit of Testimony: This is a sworn statement by the filing spouse supporting the facts in the complaint.
• Settlement Agreement (if applicable): If the spouses have shared assets, the marital settlement agreement will outline the spouses’ agreement on these and other issues. This agreement gets filed along with all the uncontested divorce paperwork.
• Final Judgment of Divorce: This must be filled out by the filing party, and the judge will sign it after reviewing the paperwork. This document finalizes the divorce.

Each Alabama court may require different or additional forms, so be sure to check with your court clerk before filing.

Alabama Forms for Uncontested Divorce with Minor Children

For an uncontested divorce with minor children, you’ll need all of the Alabama divorce forms for an uncontested divorce without children listed above.

However, the complaint in a divorce involving children must include a proposed custody arrangement.

In addition, you’ll need the following:

• Child Support Income Affidavit: This document provides information about each parent’s income and expenses.
• Child Support Worksheet: This form calculates the prospective child support order.
• Child Support Guidelines Notice of Compliance: This document states that the parties used the other forms to calculate child support correctly.
• Divorce Decree: This is the same as the divorce decree above, but it can also include paragraphs incorporating income withholding or relocation orders.
• Income Withholding Order: This form is for the judge to sign so that any child support can be withheld from the payor’s income.

The essential forms might vary from jurisdiction to jurisdiction. Be sure to check with your local district court to be sure you have all of the forms you need for an uncontested divorce.

Alabama Forms for Contested Divorce without Minor Children

A contested divorce means that the spouses disagree on major divorce issues.

There are fewer forms for a contested divorce because all of the primary documents that start a divorce will be highly specialized for your situation.

However, below are some common documents you’ll need for a contested divorce:

• Certificate of Divorce: This document contains information about the divorce, which will ultimately be filed with the Alabama Department of Public Health.
• Divorce Complaint: This will set forth the grounds for divorce and the filing spouse’s desired outcome.
• Summons: The summons provide the parties with information about response deadlines and court dates.

You should consult an attorney to ensure that your divorce paperwork accurately reflects your desires.

Alabama Forms for Contested Divorce with Minor Children

In addition to the forms listed above for a contested divorce without children, you’ll need to add a Custody Affidavit if you have shared children. This sets forth information about the shared children.

How to Access Alabama Divorce Court Records

Alabama divorce case dockets are public record. Anyone can view the electronic docket for a divorce case free of charge at the circuit clerk's office, under Rule 401(A) of the Alabama Rules of Court-Record Privacy and Confidentiality. For remote access, the Alabama Administrative Office of Courts runs Alacourt Public Access, a statewide database that covers domestic relations cases. A name or case number search costs $9.99 and includes one case detail report. Document images cost $5.00 for the first 20 pages and $0.50 per page after that.

Not everything in a divorce file is open to the public. Under Rule 301(A)(4), a court can seal "wholly private family matters, such as divorce, child custody, or adoption" on a clear-and-convincing-evidence showing, and Rule 303 allows redaction of sensitive personal identifiers within family law filings. The case index and docket are public, but a judge can restrict access to specific documents in a divorce or custody case when there is good reason to.

How to Look Up an Alabama Attorney

To confirm that a lawyer is licensed and in good standing in Alabama, use the Alabama State Bar's member search. It is searchable by name, city, county, firm, or practice area, and shows disciplinary history back to January 2018. The Bar does not verify self-reported practice areas, so a search result confirms licensure, not competence in a given area.

Jefferson County Divorce Forms and Filing

Jefferson County does not use its own set of divorce forms. Divorce cases filed in Jefferson County, like everywhere else in Alabama, use the statewide standard forms. Case records and dockets for Jefferson County divorces are searched through the same statewide Alacourt system described above, not a separate county database. The Jefferson County Circuit Clerk's office (10th Judicial Circuit, Birmingham Division) handles filing. Its posted filing fee schedule lists $199 for an initial divorce complaint, though that page was last updated in 2012 and directs filers to confirm the current fee with the clerk's office before filing.

Alabama Custody Forms

Alabama's do-it-yourself custody forms are statewide, not county-specific. The Administrative Office of Courts publishes Form PS-05 (First Petition for Child Custody), Form PS-06 (Petition for Visitation), and Form PS-07 (Request to Change the Current Custody or Visitation Order) through its do-it-yourself forms library. These forms work for a straightforward custody filing, but a contested custody dispute, a move out of state, or a modification tied to a specific statutory factor is usually better handled with an attorney's help, since a mistake on the petition can delay a hearing date.

Frequently Asked Questions

Are Alabama divorce records public?

The case docket is public and free to view at the clerk's office under Rule 401(A). The court can seal specific documents in a divorce, custody, or adoption case under Rule 301(A)(4) if there is clear and convincing evidence that the material involves a wholly private family matter.

How much does it cost to search Alabama court records online?

Alacourt Public Access charges $9.99 per name or case number search, which includes one case detail report. Document images cost $5.00 for the first 20 pages and $0.50 per page after that.

How do I check if a divorce attorney is licensed in Alabama?

Search the Alabama State Bar's member directory by name, city, or firm. It shows license status and disciplinary history dating back to January 2018.

Does Jefferson County have its own divorce forms?

No. Jefferson County uses the same statewide Alabama divorce forms as every other county. Filing happens through the Jefferson County Circuit Clerk's office, and case records are searched through the statewide Alacourt system.

What forms do I need to ask for custody in Alabama?

The Alabama Administrative Office of Courts publishes Form PS-05 to open a custody case, Form PS-06 to request visitation, and Form PS-07 to modify an existing custody or visitation order.

Related reading: The Alabama Divorce Process: A Complete Guide | Alabama Child Custody Guide

Contact Summit Family Law for Help with Divorce Papers

If you’re getting a divorce, you don’t want to fill out and file the wrong paperwork and get things started on the wrong foot.

Nor do you want to make mistakes that may set you and your timeline back. Fortunately, you don’t have to try to figure out Alabama divorce papers on your own.

The experienced divorce attorneys at Summit Family Law can help you through this difficult time and guide you through the divorce process.

Our Family & Divorce Office Locations in Alabama