Legal Information: Alabama


February 11, 2022

What are the residency requirements to file for divorce in Alabama?

The residency requirements deal with how long each spouse must live in the state of Alabama in order to file for divorce in Alabama. As you can see below, the amount of time that you or your spouse has to live in Alabama before filing for a divorce will depend on whether or not one or both of the spouses live in Alabama:

  • If both spouses are residents of Alabama, a divorce can be filed at any time;
  • If only the person filing for the divorce (the plaintiff) is a resident of Alabama and the other spouse (the defendant) lives in another state, the plaintiff must have been a resident of Alabama for at least 6 months immediately before filing for the divorce; or
  • If only the defendant is a resident of Alabama but the person filing for divorce (the plaintiff) lives in another state, a divorce can be filed at any time.1

1 Ala. Code 1975 § 30-2-5

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