Alabama Divorce Records

Recent data from the National Center for Health Statistics indicates that Alabama has a divorce rate of approximately 3.0 divorces per 1,000 people. While this represents a continued decline in the state's overall divorce rates, it is still significantly higher than the national average of 2.4 divorces per 1,000 people.

Alabama law allows for both fault-based and no-fault divorces. A no-fault divorce does not require either spouse to prove wrongdoing or misconduct by their spouse and may be filed on one of two grounds - incompatibility of temperament and an irretrievable breakdown of the marriage. On the other hand, a fault-based divorce requires one spouse to prove that the other is responsible for the marriage's failure. Grounds for a fault-based divorce in Alabama include adultery, willful abandonment, the commission of an unnatural crime, and spouse abuse.

The average cost of a divorce in Alabama is around $10,400 per person. However, it should be noted that actual costs can vary considerably, depending on the complexity of the case and other factors like attorney fees, court filing fees, process server fees, and mediation expenses.

Are Divorce Records Public in Alabama?

Divorce records are generally considered public records in Alabama, per the state's Open Records Law (as outlined in Sections 36-12-40 to 36-12-46 of the Code of Alabama). This means that interested members of the public typically have the right to inspect and obtain copies of these records. However, Alabama law also provides for the confidentiality of certain information within divorce records. This includes sensitive details such as social security numbers, financial account information, and details related to minor children (especially in cases involving allegations of abuse or neglect). Divorce records that have been sealed by a court order are also restricted from public access.

What Is Included in Alabama Divorce Records?

In Alabama, divorce records is a collective term that is used to refer to various documents generated or filed in connection with divorce proceedings in the state. These records are grouped into three main categories, namely:

• Divorce Decrees: This is the official judgment/court order that finalizes the divorce. Divorce decrees contain details of the divorce, such as the names of the divorcing parties, the date the divorce was granted, as well as the specific terms of the divorce, including property division, alimony, child custody arrangements, and child support obligations. These documents are maintained by the Clerk of Court's Office in the county where the divorce was granted.
• Divorce Certificates: These documents provide a summary of the divorce action and include basic information like the names of the parties involved (the divorcing couple), the divorce date, and the county of divorce. Divorce certificates are maintained by the Alabama Department of Public Health through its Center for Health Statistics.
• Divorce Case Files/Court Records: These are official court files that contain all documents related to a specific divorce case, such as petitions (including the initial complaint for divorce), motions, transcripts, settlement agreements, motions, and court orders. These files/records are maintained by the Clerk of Court's Office in the county where the divorce case was heard.

How Do I Find Alabama Divorce Records?

Alabama divorce records are available locally and also at the state level through the Clerk of Court's Office in the county where the divorce was filed and the Alabama Department of Public Health, respectively. Certified copies of these records may be obtained by contacting the relevant entity and following their specific procedures. Some common reasons for requesting certified copies of an Alabama divorce record include:

• To serve as legal proof of a divorce
• To facilitate a name change
• To update legal documents
• To update marital status for insurance, social security, financial institutions, and government agencies
• To access certain benefits or claims
• To enforce or modify court orders related to child custody, support, and visitation

Look Up Alabama Divorce Certificate

The Alabama Department of Public Health maintains a statewide repository for records of divorces that occurred from 1950 to date. Interested parties may obtain copies of these records by mailing an Application for a Birth, Death, Marriage, or Divorce Certificate form to the department's Center for Health Statistics at:

Requests may also be made in person at any local county health department across the state. Requesters are expected to provide as much information as possible to enable the department to locate the desired record. There is a nonrefundable search fee of $15 that covers the cost of one certified copy of the record or a "Certificate of Failure to Find," and an additional $6 fee for each extra copy of the same record ordered at the same time. Expedited requests also carry additional fees of up to $15.

Inquiries on accessing divorce certificates, including expedited requests, may be directed to the Department of Public Health at (334) 206-5418.

Look Up Alabama Divorce Decree

Alabama divorce decrees are generated locally by Circuit Courts and may be accessed through the Clerk of Court's Office in the county where the divorce was finalized. This process generally involves the following steps:

• Determine the specific county where the divorce proceedings were handled.
• Contact the Clerk of Court for that county.
• Submit a formal request for the record. This will usually involve providing details on the divorce, such as the names of the parties involved and/or a case number. Requests may be submitted in person, via mail, online, or through any other available method provided by the clerk's office.
• Pay the required fees. Note that specific fees may vary by county, but typically range from $1 - $5 per copy.

Look Up Alabama Divorce Court Records

Alabama divorce court records, such as the complaint for divorce, filed motions, divorce decrees, and other court orders, are held by the respective Circuit Courts that handled the divorce proceedings and may be accessed by submitting a request to the appropriate Clerk of Court's office. Note that you will be required to pay a search and/or copy fee, which varies by county as well as the type and number of copies required.

The Alabama Unified Judicial System also provides access to an online platform that may be used to access divorce records. Note that there is a $9.99 fee per case searched via this platform.

Can You Seal Divorce Records in Alabama?

Divorce records may be sealed in Alabama, but only by court order. These records are typically sealed to protect the privacy and safety of the individuals involved and to shield sensitive information, such as the identities of minor children, financial details (like account numbers), domestic violence allegations, mental health records, and medical information, from public view.

To get a divorce record sealed, either party involved in the divorce case must file a motion with the Circuit Court that handled the matter. This motion should clearly state the reasons for the request and include any necessary supporting documentation. A judge will review the motion - a hearing may be scheduled in some cases - and decide on whether to grant or deny the request. If the court grants the motion, an order will be issued sealing the record, making it confidential and accessible only to authorized individuals. Be aware that, in most cases, only the sensitive portions of a record are sealed, instead of the entire divorce case file.

How Long Does a Divorce Take in Alabama?

Section 30-2-8.1 of the Code of Alabama stipulates a mandatory 30-day waiting period after a divorce complaint has been filed before a final decree (the divorce decree) may be issued. This waiting period serves as both a "cooling off" period and an opportunity for preparation before the divorce is finalized.

In cases where both parties agree on the terms of the divorce (an uncontested divorce), proceedings can often be finalized relatively quickly after the 30-day waiting period has elapsed, usually within a few months. However, in contested divorces (where the involved parties disagree on any significant issues), the divorce process can take considerably longer, potentially lasting several months to over a year.

Does Alabama Require Separation Before Divorce?

No, Alabama does not require separation before filing for divorce.

How Are Assets Split in an Alabama Divorce?

Alabama is an equitable distribution state. Per Section 30-2-51 of the Code of Alabama, a couple's marital estate is subject to equitable division and distribution during a divorce. This means that each spouse will typically be awarded an amount that is deemed fair and just by the court, which may not necessarily be an equal split between both parties.

Alabama courts generally have broad discretion in determining how to value and divide the property as well as the amount to distribute to each party, provided that each spouse ends up with an equitable portion of their marital estate. Some common factors that the courts typically consider during property division include the length of the marriage, each spouse's earning capacity and future prospects, and the value and type of property involved.

Who Gets Custody of a Child in Divorce in Alabama?

Historically, courts in Alabama typically favored mothers in custody cases, mostly due to societal biases that were primarily influenced by the tender years doctrine. However, modern Alabama custody laws (as outlined in Title 30, Chapter 3 of the Code of Alabama) emphasize "frequent and continuing contact" with both parents, provided they have shown the capacity to act in the child's best interests. Nonetheless, fathers may still receive less parenting time compared to mothers - recent studies suggest that fathers in Alabama are awarded approximately 33.7% parenting time annually, slightly below the national average of 35%.

Alabama recognizes the following types of custody:

• Legal Custody, which deals with making major decisions on behalf of the child:
• Joint Legal Custody: Here, both parents share decision-making responsibilities for major aspects of the child's life, such as education, healthcare, and religious upbringing. However, a judge may grant one parent the sole authority over certain decisions.
• Sole Legal Custody: Here, only one parent has full authority to make major decisions about the child's upbringing, including education, healthcare, and religion.
• Physical Custody, which deals with where the child resides:
• Joint Physical Custody: Here, the child spends meaningful time with both parents, though it does not necessarily mean an equal split of time.
• Sole Physical Custody: Here, the child lives primarily with one parent, while the other parent may have visitation rights unless the court decides otherwise.

Alabama courts typically consider several factors when making child custody determinations, such as:

• The child's best interest and welfare
• Each parent's character and conduct
• The child's age and sex
• Past care and custody of the child
• The child's preference
• Agreements reached by the parents
• Any faults/misconduct on the part of each parent