Uncooperative Spouse Divorce in Alabama

In Alabama, you can still file for divorce even if your spouse is uncooperative or unwilling to participate. Alabama is a no-fault divorce state, which means that either spouse can seek a divorce based on irreconcilable differences — regardless of whether the other spouse agrees.


Filing for Divorce Without Your Spouse’s Cooperation

To begin the process, you must file a Complaint for Divorce and have the documents properly served to your spouse by a sheriff or process server. Once served, your spouse has 20 days to file a response with the court. Courts may allow a few additional days if the documents were mailed.

If your spouse does not respond, you may be able to request a default judgment, allowing the case to proceed without their participation. If children are involved, a judicial default may be required, meaning the judge — not the clerk — must approve the final order.

Note: A spouse cannot prevent you from getting a divorce by refusing to sign paperwork or respond to the court.


Next Steps if Your Case Is Contested

If your spouse actively contests the divorce or files a response with the court, your case is no longer uncontested. In these situations, Alabama Divorce Online may no longer be able to assist, and you may be referred to a family law attorney for traditional representation.

However, if your spouse does not file a response within the required timeframe, and no formal agreement is reached, our platform may still help you complete your case through a default process, depending on the circumstances.


Negotiation and Resolution Options

Even when a spouse is initially uncooperative, resolution may still be possible. You may choose to:

  • Attempt negotiation or informal mediation
  • Serve documents and proceed by default if no response is filed
  • Reach a partial agreement and finalize other terms through the court

Our goal is to make the divorce process as efficient as possible—even when your spouse is unwilling to cooperate.


Learn More

If you believe your spouse is uncooperative or unwilling to participate, complete the form below or contact our team to see if your case may still qualify for an uncontested or default divorce through Alabama Divorce Online.