Alabama Divorce Residency Requirements
In order to file your Complaint for Divorce in Alabama, you must make sure the Circuit Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Alabama residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:
When the defendant is a nonresident, the other party to the marriage must have been a resident of this state of Alabama for six months before the filing of the complaint for divorce.
Complaints for divorce may be filed in the circuit court of the county in which the defendant resides, or in the circuit court of the county in which the parties resided when the separation occurred, or if the defendant is a nonresident, then in the circuit court of the county in which the other party to the marriage resides.
The divorce is typically filed with in county in which the filing spouse lives. (Code of Alabama - Title 30 - Chapters: 2-4 and 2-5)
Since divorce is governed by state law, it is required that you meet specific residency requirements in order to file for a divorce in the state of Alabama. It is most common that people file for a divorce in the county in which they live. You can also read more about the Alabama residency requirements in the Alabama state statutes located at: http://www.legislature.state.al.us.
If you are unsure of whether or not you meet the Alabama residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.
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