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This article will give a general overview of how to file for divorce in the state of Alabama. Specific counties may have requirements other than what is listed below, so you should always check with the county where you intend to file to determine what other steps you may need to take. If you have specific questions about your case, you should contact an experienced family law attorney for advice. Either you or your spouse must be a resident of the county where you are filing for at least six months prior to filing for divorce.
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In the Alabama court system, the circuit courts have the exclusive jurisdiction, or power, to decide divorce cases. This is because the circuit courts are Alabama's trial courts, and they are assigned to hear family law matters. Alabama's circuit courts are divided into 41 separate judicial districts. If you disagree with the decision of the circuit court, you can appeal it to the next level, which is the Alabama Court of Civil Appeals. If the defendant meaning, the spouse who isn't asking for a divorce lives in Alabama, then the plaintiff the party asking for the divorce should file the summons and complaint the legal papers that initiate a divorce, specifying the reasons the judge should grant it and requesting the division of property, child custody, and so on with the circuit court in the county where the defendant lives.
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