Divorce with Confidence
In an uncontested divorce, the case is filed in the Circuit Court in the county where you or your spouse resides. The online attorney can file the documents you receive. When the online attorney files the documents, the attorney communicates with the court on your behalf. Generally, no court hearing is required in an uncontested divorce. When the online attorney files the case and enters a notice of appearance, it is unlikely that a court hearing will be necessary to finalize your agreed divorce. But any judge may request a hearing at that time. The judge has the absolute right to require a hearing, even in an uncontested divorce. With the online attorney filing the case for you, the attorney will try to address any issues or concerns the court raises to avoid an actual hearing. Even so, a judge may still require a hearing to finalize your divorce even though the attorney has sent additional information to the court. Should a court hearing be required, and we e-filed your case for you, the online attorney will request permission for all parties to attend the hearing remotely via Zoom or similar video technology to avoid anyone having to appear in court physically. In the rare instance that the court requires an in-person hearing, we can assist you by locating a local attorney to appear with you in court should the online attorney not be able to attend the hearing for any reason. An additional fee is required for the online attorney to attend a virtual court hearing, and a local market fee shall be required for you to have a local attorney, if required, to appear in person with you at an in-person hearing.
×Under Alabama law, a mandatory waiting period of 30 days applies after filing a Complaint for Divorce or Summons with the Circuit Court. This waiting period must pass before a judge can grant the divorce. This 30-day period, often referred to as a "cooling- off period," is designed to allow parties to consider their decision and potentially reconcile.
Filing promptly allows the waiting period to begin sooner, expediting the process. Please note that there is no guarantee the judge will sign the divorce decree immediately upon reaching the required waiting period.The timing may vary based on the judge’s schedule and the court’s caseload, affecting how quickly the judge reviews and finalizes your case.
Alabama Code § 30-2-8.1 -
a) A court shall not enter a final judgment of divorce until after the expiration of 30 days from the date of the filing of the summons and complaint.
(b) This section shall not restrict the power of the court to enter any temporary orders necessary prior to the expiration of the waiting period. The temporary orders may include, but shall not be limited to, temporary orders on custody, spousal or child support, visitation, exclusive occupancy of the marital residence, or restraining the parties.
×If you are unable to locate your spouse, you may still be able to obtain a divorce in Alabama through a legal process known as divorce by publication.
A missing spouse divorce involves additional procedural steps compared to a standard uncontested divorce, but it is a recognized method under Alabama law when the other spouse cannot be found after a diligent search.
Before pursuing divorce by publication, Alabama courts require that you make a reasonable effort to find your spouse. You can use a service like www.findmyspouse.com to try to locate your spouse. Then you must also document your other efforts such as:
If you are able to locate your spouse, you may be eligible for a standard uncontested divorce instead, which is simpler and faster.
When filing for divorce, the court must be satisfied that your spouse has been properly notified. This is known as legal service.
In uncontested cases, your spouse typically signs a document confirming they’ve received the divorce paperwork. If your spouse cannot be found, the court may allow you to provide notice by publishing an official announcement in a local newspaper. This legal notice must run for a specific period of time—usually once per week for four consecutive weeks.
If your spouse does not respond during that time, the court may allow the case to proceed without their direct participation.
Once the publication requirement has been satisfied and your spouse has not filed a response, your case may move forward toward finalization. The court will review your petition and, if appropriate, may issue a Final Judgment of Divorce. In many cases, this process proceeds similarly to an uncontested divorce, though you may be subject to some limitations regarding property division and support orders.
If you are unable to locate your spouse and would like to discuss your options, we may be able to help.
Please complete the form below. A member of our legal team will contact you to review your eligibility and guide you through the process of filing for divorce by publication in Alabama.
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