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Guide to Uncontested Divorce in Alabama

December 23, 2025

Uncontested / Simple Divorce in Alabama: A Plain-English Guide

If you and your spouse agree the marriage is over and you don’t want a long, expensive court fight, an uncontested divorce in Alabama is often the simplest way to legally end the marriage. In many Alabama counties, a properly prepared uncontested case can be finalized largely on paperwork through the Circuit Court when the required documents are completed correctly.

This guide explains, in plain English, how a simple divorce in Alabama usually works: who qualifies, the basic steps, how long it might take (including Alabama’s 30-day cooling-off period), and where a do-it-yourself approach can fit in. It’s written for people who want an affordable Alabama divorce and prefer to handle things themselves if possible.

Important: PlainDivorce is not a law firm and cannot give you legal advice or represent you. This guide is general legal information, not advice about your specific situation. Court rules, forms, and fees change over time, and different counties may do things slightly differently. Always check current instructions from your local Circuit Court Clerk or speak with an Alabama lawyer if you’re unsure.

If you decide that a do it yourself approach is right for you, a structured self help kit can make the process far less stressful by organizing the paperwork and showing you how the pieces fit together.

Table of Contents

uncontested divorce in Alabama

1. What Is an Uncontested or Simple Divorce in Alabama?

In Alabama, there isn’t a special statute called “simple divorce,” but courts and self help materials often use that phrase to describe a straightforward, uncontested divorce. In an uncontested case, both spouses agree on all major issues, and the case is handled through the Circuit Court in the county where you file.

Alabama law allows both no fault and fault based grounds for divorce. In an uncontested case, spouses almost always rely on no fault grounds such as:

  • Irretrievable breakdown of the marriage (the marriage cannot be saved), or
  • Incompatibility of temperament (differences make it impossible to continue the marriage in a normal way).

With a no fault uncontested divorce, you do not have to prove either spouse did something wrong. The main question is whether you and your spouse can reach a complete agreement about property, debts, support, and (if applicable) children.

2. Who Qualifies for an Uncontested Divorce in Alabama?

Not every case is a good fit for an uncontested divorce. You need to meet Alabama’s residency rules, choose valid legal grounds, and be able to reach a real agreement with your spouse.

Residency requirements

To file for divorce in Alabama, there are basic residency rules. In many situations, it’s enough that at least one spouse lives in Alabama and you file in the correct county. However, when your spouse lives in another state, Alabama law generally requires the spouse filing for divorce to have been a bona fide resident of Alabama for at least 6 months before filing, and that fact must be stated and proved in the paperwork.

What makes a case a good fit for a simple divorce?

  • At least one spouse meets the residency rules.
  • You both agree to use no fault grounds.
  • You and your spouse can sign a written settlement agreement.
  • You agree on parenting and child support (if you have minor children), property and debts, and whether anyone pays alimony.
  • The non filing spouse is willing to sign the required response documents so the court can treat the case as uncontested.

If there is domestic violence, fear, coercion, major financial imbalance, or a serious parenting dispute, consider legal advice before you proceed.

3. Step-by-Step Overview of the Uncontested Divorce Process in Alabama

The exact forms and procedures vary by county, but most Alabama uncontested divorce cases follow the same basic path through the Circuit Court. One major “pro” signal in Alabama is using the standardized AOC PS-series forms that DIY filers can actually find and download.

Step 1 – Confirm eligibility (residency + grounds)

  • Residency: confirm you meet Alabama’s residency rules (especially if your spouse lives out of state).
  • Grounds: choose no fault grounds (irretrievable breakdown or incompatibility).
  • Agreement: confirm you truly agree on children, money, and property.

Step 2 – Put your agreement in writing (settlement agreement)

Before preparing court forms, many couples write and sign a Settlement Agreement that covers property, debts, alimony (if any), and (if applicable) parenting and child support. The judge reviews this, especially when children are involved.

Step 3 – Prepare the core Alabama forms (PS-series + the Vital Stats “hard stop”)

This is where many DIY filers get delayed. Alabama has standardized forms, and using the correct alphanumeric codes helps you find the right PDFs and look credible at the clerk’s window.

  • Complaint for Divorce (PS-08): the document the plaintiff files to start the case.
  • Plaintiff’s Testimony (Divorce) (PS-09): commonly used in uncontested cases as sworn written testimony so the judge can decide the case on paperwork (often called a desk review). Your county may use a different testimony form depending on whether there are minor children, so always follow your local packet.
  • Answer to Divorce Complaint (PS-21): the defendant’s response form. In uncontested cases, this is commonly part of the “answer/waiver” stack that helps avoid formal service and signals the case is not being contested (county requirements vary).
  • Certificate of Divorce (ADPH-HS-16): the Vital Statistics form that must be completed for the Alabama Department of Public Health. This is a common “hard stop” document. If it is missing or incomplete, your file can stall even if your court forms are otherwise perfect.

Modern filing note: Alabama has an electronic filing system called AlaFile. Some counties allow or require e filing for certain filers, while many self represented people still file on paper at the clerk’s office. Follow your local Circuit Clerk’s instructions.

Step 4 – File with the Circuit Court and open the case

The plaintiff files the starting documents with the Circuit Court Clerk in the correct county and pays the filing fee. The clerk stamps your documents, assigns a case number, and opens the case file. Keep copies of everything you file.

Step 5 – Handle service (or proper uncontested paperwork)

Even when you both agree, the court must be satisfied that the defendant received notice or properly responded. In an uncontested case, counties often rely on the defendant’s signed response paperwork rather than a contested service fight. If your spouse won’t cooperate, your case may stop being truly uncontested and may require formal service and extra steps.

Step 6 – The 30-day cooling-off period

Alabama has a mandatory 30-day cooling-off period after filing before the judge can sign the final decree. In many uncontested cases, once the 30 days have passed and your paperwork is complete, the judge can sign without a traditional contested hearing.

Step 7 – Final Decree of Divorce (and certified copies)

If everything is in order, the judge signs the Final Decree of Divorce. The clerk enters it into the court record, and you can request certified copies for name change, benefits, or other updates.

4. Special Issues When You Have Children

When children are involved, Alabama courts look more closely at your agreement to ensure the parenting plan is workable and that child support follows Alabama’s rules.

Child support: Rule 32 and the CS forms

Alabama child support is generally calculated under Rule 32 (Alabama Child Support Guidelines). Courts commonly expect the CS-series forms to be included and completed correctly, such as:

  • CS-41 – Income Affidavit
  • CS-42 – Child Support Guidelines Worksheet
  • CS-47 – Child Support Information Sheet

Many filers get delayed because a required child support form is missing or the numbers do not match across documents.

5. How Long Does an Uncontested Divorce Take in Alabama?

  • Mandatory waiting time: Alabama’s 30-day cooling-off period applies after filing.
  • Typical uncontested timing: many straightforward cases finish shortly after the 30 days if paperwork is correct and the court’s schedule allows.

6. What Does an Uncontested Divorce Cost in Alabama?

The biggest fixed expense is the court filing fee. In Alabama, the base filing fee commonly varies by county. A practical planning range for the filing fee is often about $194.00 to $230.00 (county costs and add-ons can change, so always confirm with your Circuit Clerk before you file).

  • Filing fee: commonly about $194.00–$230.00 depending on county
  • Notary fees: for documents that must be notarized (often including testimony forms and defendant response forms)
  • Service costs: may apply if your case is not truly uncontested or your county requires formal service
  • Copies and certified copies: for your records and post-divorce paperwork

Do not miss the Vital Stats form: the Certificate of Divorce (ADPH-HS-16) is part of the process and is tied to state records. Treat it as a required item, not an optional extra.

Download Our Alabama Uncontested Divorce Self-Help Kit

7. When a DIY Divorce Might Not Be Right for You

  • Domestic violence or safety issues
  • Hidden assets, hidden income, or financial control
  • Major disagreements about children or support
  • Complex finances (business, large retirement, multiple properties, heavy debt)
  • Immigration, tax, or bankruptcy complications

8. Where a Self-Help Divorce Kit Fits Into the Process

A well designed Alabama self help kit does not replace legal advice, but it can help you follow the correct sequence and avoid common mistakes, especially around the Alabama specific forms that DIY filers search for (like PS-08, PS-09, PS-21, and the Vital Stats ADPH-HS-16).

9. Final Thoughts and Next Steps

If you’re considering an uncontested divorce in Alabama, keep it simple: confirm you qualify, reach a clear agreement, use the correct Alabama forms, file in the right Circuit Court, and plan around the 30 day cooling off period. If anything feels unsafe, unfair, or financially complex, get legal advice before you sign or file.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.