Same-Sex Divorce in Alabama

Marriage Equality and Divorce Rights in Alabama

Same-sex marriage became legally recognized in Alabama after the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges. Since then, Alabama courts must treat same-sex marriages and divorces on the same terms as opposite-sex unions. In practice, this means couples have equal rights when filing for divorce, dividing property, determining custody, and seeking spousal support.

That said, many LGBTQ+ spouses discover the path is not always straightforward. Questions often arise about parental recognition, property acquired before marriage equality, or the fairness of dividing assets after long relationships that legally began much later. Without careful preparation, these details can turn into unnecessary complications.

Filing Requirements in Alabama

Before filing for divorce, at least one spouse must meet the state’s residency rules:

• If both spouses live in Alabama, you can file in the county where either of you resides.
• If only one spouse lives in Alabama, that spouse must have lived in the state for at least six months before filing.

Alabama allows both fault-based and no-fault divorces. For many couples, the no-fault grounds of “incompatibility of temperament” or the marriage being “irretrievably broken” are the most practical. These options typically lead to faster and less adversarial resolutions, especially when both parties agree on the terms.

Many people try to handle paperwork themselves, but mistakes with residency or filing requirements can cause delays. Having documents prepared correctly from the start makes the process smoother and avoids wasted time.

Child Custody and Support

Child custody decisions in Alabama always focus on the best interests of the child, regardless of whether parents are in a same-sex or opposite-sex marriage.

Challenges sometimes arise when one spouse is not the biological parent. If a stepparent or second-parent adoption was never completed, the non-biological spouse may not be automatically recognized as a legal parent. This can affect custody rights during divorce.

Child support follows Alabama’s Rule 32 guidelines, which consider both parents’ incomes, child care expenses, and health insurance contributions. These calculations are strict, and ensuring accuracy is essential. Missteps here can lead to rejected agreements or court intervention.

For LGBTQ+ parents, clear documentation and carefully prepared agreements can be the difference between a smooth uncontested divorce and a drawn-out contested case.

Property and Debt Division

Alabama is an equitable distribution state. This means property and debts are divided fairly, but not necessarily equally. Marital property generally includes assets acquired during the marriage, while separate property — such as inheritances or items owned before marriage — remains with the original owner.

For same-sex couples, an added challenge is that relationships often began long before marriage equality became law. Assets accumulated prior to the wedding date may not count as “marital property,” even if the couple lived together for years. Judges are bound to apply the law, which means the official marriage date often controls property division.

Because of these complications, couples who want a fair and uncontested divorce must ensure that property agreements are drafted with care. When handled correctly, even sensitive asset issues can be resolved outside the courtroom.

Spousal Support (Alimony)

Spousal support, or alimony, may be awarded in Alabama when one spouse needs financial help and the other has the ability to pay. Courts consider:

• The length of the marriage
• Each spouse’s income and earning capacity
• Age, health, and lifestyle established during the marriage
• Contributions to the marriage, including non-financial roles

For same-sex couples, the length of marriage is often a sticking point. Courts use the legal marriage date, not the date a relationship began. That can significantly impact eligibility or the amount of support awarded.

Couples who negotiate fair spousal support terms upfront usually avoid long disputes and have their agreements approved more quickly by the judge.

Alabama Divorce Timeline for Same-Sex Couples

While an uncontested divorce in Alabama is generally faster than a contested case, it still involves multiple steps that must be followed carefully. Couples often underestimate the process, but each stage has strict legal requirements — and mistakes can delay finalization.

1. Drafting the Required Documents

The process begins with drafting a complete set of documents. It is not enough to prepare only the Complaint for Divorce — Alabama courts require a coordinated package of filings, which often includes:

• Complaint for Divorce – initiating the case and stating legal grounds.
• Settlement Agreement – addressing custody, visitation, child support, division of property and debts, and spousal support.
• Child Support Forms – required if children are involved, calculated using Alabama’s Rule 32 guidelines.
• Financial Affidavits – full disclosure of income, assets, debts, and expenses from both spouses.
• Vital Statistics Form – used for state reporting.
• Proposed Final Decree of Divorce – the judgment for the judge’s signature.

All documents must be internally consistent. If the Settlement Agreement and Financial Affidavits contradict each other, or if the child support forms don’t match the Rule 32 calculation, the court may reject the filing. Drafting with precision is essential.

2. Notarization of Documents

Most Alabama counties require certain divorce documents — particularly the Settlement Agreement and affidavits — to be notarized before filing. This ensures that signatures are verified and the court can rely on the documents as legally binding.

• Traditional notarization: Many couples still go in person to a local notary, usually at a bank, law office, or courthouse.
• Online notarization: Some Alabama counties accept Remote Online Notarization (RON), which allows couples to notarize documents over a secure video call. This option can save time, but it is not yet available statewide.
• County variation: Because not all counties support online notarization, couples must check local court rules before proceeding. Filing documents that are improperly notarized can cause rejection and delay.

Completing notarization correctly ensures that the paperwork is ready for the court to accept once filed.

3. Filing with the Circuit Court

Once the documents are drafted and notarized, they are filed in the Circuit Court of the county that has jurisdiction. Filing in the wrong county or omitting a required notarized form can result in dismissal and the need to start over. Proper filing formally opens the divorce case.

4. Serving the Other Spouse

If the case is filed jointly, service is unnecessary. If not, the non-filing spouse must be formally served with the divorce papers, typically by sheriff, process server, or certified mail. Improper service halts the case until corrected.

5. Mandatory Waiting Period

Alabama law requires a 30-day waiting period after the filing before the court may finalize the divorce. During this time, either spouse may withdraw consent, and the court may review the paperwork for compliance. If issues are discovered, the judge may request corrections before signing the final decree.

6. Court Review and Final Decree

At the conclusion of the waiting period, the judge examines all filings. The court checks that:

• Custody arrangements are in the best interests of the child.
• Child support follows Rule 32 guidelines.
• Property division and debt allocation comply with state law.
• All notarized documents are properly executed.

If satisfied, the judge signs the Final Decree of Divorce, officially dissolving the marriage.

Why Accuracy and Notarization Matter

Even in uncontested cases, errors are common. Courts frequently reject filings because of:

• Missing notarizations, especially for Settlement Agreements.
• Inconsistent or incomplete financial disclosures.
• Custody or child support provisions that don’t align with Alabama’s legal standards.
• County-specific rules about notarization not being followed.

When this happens, couples must correct and resubmit their paperwork, stretching a process that could take just over a month into several months.

Unique Considerations in Same-Sex Divorces

• Parental recognition: Non-biological parents without adoption papers may need additional legal steps.
• Property before 2015: Assets acquired before marriage equality may not be recognized as marital property.
• Community dynamics: While the law is clear, some couples prefer uncontested divorce to avoid the stress of extended court proceedings.

For LGBTQ+ spouses, these issues can create extra hurdles. But with the right preparation, those hurdles don’t have to turn into roadblocks.

Moving Forward with Confidence

Divorce is never easy, but the legal process doesn’t need to add more stress. Alabama courts now recognize same-sex divorces just as they do opposite-sex ones, yet the unique realities of LGBTQ+ relationships mean that careful handling is essential.

Couples who enter the process well-prepared often find that an uncontested divorce is the simplest and least painful path forward. Accurate documents, clear agreements, and correct filings ensure the judge can approve the divorce quickly.

That’s where professional support can make all the difference. Instead of navigating complicated rules alone or risking delays from mistakes, many couples choose an affordable online divorce service that specializes in uncontested cases. It offers a straightforward path to resolution, saving both time and unnecessary expense.