Alabama Residency Requirements
The state of Alabama has unique residency requirements for people who wish to terminate their marriage. You must meet these state-specific requirements prior to filing with your local county court. The Alabama residency 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)
If you DO NOT meet at least one of the above residency requirements, you have the following options:
- Establish residency in Alabama for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
- Have your spouse do the filing if he or she meets the Alabama residency requirements.
- Choose another state in which you or your spouse meet the requirements (all states are unique, so be sure to check the state in which you were married as an option).
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