What are Alabama Divorce Records?

Alabama divorce records contain the full details of the divorce process between formerly married couples. As of 2018, about 9.8 divorces occurred out of every 1000 women who were 15 years of age and above.

In Alabama, the grounds for undergoing a divorce process are categorized into two: fault and no-fault. The no-fault ground is the most popular of the two.

Generally, either party in a marriage may file for a no-fault or fault-based divorce. In a no-fault divorce, the assumption is that there has been an irretrievable breakdown of the marriage, there are irreconcilable differences, or that the parties are completely incompatible.

Aggrieved parties may also opt to file for a divorce on the grounds of a separation that has lasted for about two years. According to Ala. Code § 20–2–1 (2019), other legal fault-based grounds that may warrant a divorce include:

• Adultery
• Imprisonment for over two years, with a sentence of at least seven years
• Reckless sexual behavior
• Serial drug use or drunkenness
• Abandonment for up to a year
• Impotence or inability since the duration of the marriage
• Domestic violence
• The wife happened to be pregnant at the time of marriage, without the husband's prior knowledge
• Confinement in a psychiatric ward for at least five years owing to incurable insanity

Generally, no-fault filing is preferred over fault-based filing. This is because the latter processes usually require some proof or evidence and may result in a longer, more expensive, and more complex divorce process.

There are basically two types of divorce filings obtainable in Alabama, which are:

• Uncontested
• Contested

An uncontested divorce is one in which both parties agree on the need for a divorce and on the settlement terms before the divorce complaint is filed. There's usually no need for a trial in an uncontested divorce.

Alabama law prescribes a mandatory 30 days of waiting from the time the divorce complaint is filed. The judge may only grant the divorce after this.

On average, though, from the time of filing a divorce complaint to the time when the Alabama judge issues the final decree of divorce, an uncontested divorce may take as little as two months or as long as six months to finalize. However, these statistics may vary slightly depending on a number of issues.

A contested divorce occurs when the parties cannot agree on an aspect of the divorce process or settlement terms before filing the complaint. When this happens to be the case, further steps will have to be carried out to complete the divorce process.

Most contested cases are settled by some form of civil trial. Also, their divorce process is usually costly and takes time to conclude. However, as with many contested divorces, contested divorces in Alabama may take several months or even years to finalize.

According to the Alabama Code, Section 30–2–1, contested and uncontested divorces are to be finalized with the appropriate circuit court, and the divorce records are to be maintained by the court and the Vital Records Division Of The Alabama Department of Public Health.

Are Divorce Records Public in Alabama?

Per the Code of Alabama §36–12–40, divorce records are unrestricted and accessible to the general public. Anyone with sufficient information to search for a divorce record may do so.

The anticipated record will not be issued if the wrong details are provided when requesting a particular record. This is most applicable when requesting for divorce certificates. A requester may receive a "Certificate of Failure to Find" if the imputed details match no divorce record.

What are the Types of Divorce Records Available in Alabama?

The types of divorce records obtainable in Alabama are divorce certificates, divorce decrees, and divorce case files.

A divorce certificate is a document that the Alabama Department of Public Health issues stating that a divorce was granted to two parties. It contains the parties' personal information regarding the divorce, including their names, addresses, social security numbers, and race. It also states when and where the divorce took place. Anyone may obtain a divorce certificate from the Vital Records Division of the Alabama Department of Public Health.

A divorce decree, on the other hand, is a legally binding document that shows the court's final order terminating a marriage. It includes more information than the divorce certificate, including assets division, alimony, child support, and other rights and responsibilities of the parties.

Divorce case files are all the court files and documents used in the divorce proceedings. These include the pleadings, motions, summons, and every other document filed during the divorce proceedings. The Office of the Clerk of the court where the divorce was finalized keeps the divorce decree and the divorce case files.

How Do I Get Divorce Records in Alabama?

The procedure for obtaining a divorce record in Alabama largely depends on the type of divorce record sought. Generally, record seekers may obtain a divorce certificate in three ways:

• In-person
• By mail

The Vital Records Office of the Alabama Department of Public Health keeps divorce certificates of divorces that occurred in the state from 1950 to the present. For divorce certificates before this date, go to the Clerk of the Circuit Court in the county where the divorce was finalized.

Divorce certificates may also be obtained from the Vital Records Office by filling out the Vital Records Request Application Form. The first certified copy of an Alabama divorce certificate costs $15. In contrast, each additional copy costs $6. Checks and money orders, payable to the State Board of Health, are acceptable forms of payment.

If a requester provides details that do not yield a result, the Vital Records Office will issue a "Certificate of Failure to Find". In addition to the required fee, requesters are expected to provide a copy of a valid means of identification.

To obtain a divorce certificate in person, walk into any county health department in Alabama with a completed application form, a copy of a valid ID, and the applicable fee. The certificate may also be issued on the same day the request is made.

If it's a mail-in request, send the completed application form, applicable fee, and a copy of a valid ID to:

Alabama Vital Records
Alabama Department of Public Health
P.O. Box 5625
Montgomery, AL 36103–5625

Divorce decrees or divorce case files are obtainable at the court's Clerk Office where the divorce took place. Requesters may send a written request or request person. A certified copy of the divorce decree costs $0.50 per page.

While divorce and marriage records may be searched through government sources and organizations, the availability of these documents cannot be guaranteed. This is also true of their availability through third-party websites and companies, as these entities are not government-sponsored, therefore, record availability may vary further.

Also note that marriage and divorce records are considered extremely private due to the information they contain and are often sealed. Hence, these factors determine the availability of any type of marriage or divorce record.

Who Can Obtain Divorce Records in Alabama?

Anyone with sufficient information may obtain Alabama divorce records and search for the records at the appropriate government agency or court. This is because divorce records are public records.

Are Alabama Divorce Records available online?

The Vital Records Office website serves as a central portal through which all information concerning the retrieval of divorce certificates may be accessed. It has an online form for requesting a copy of a divorce certificate.

However, it's noteworthy that this form cannot be submitted online. It must be downloaded, completed, and submitted in person to any county health department or to the Vital Records Office by mail.

Highly populous counties such as Jefferson still depend on the Alabama Vital Records online portal for their divorce certificate applications. Mobile County has an online case search system, but this system does not contain a database of divorce records that were finalized in the county.

How Do I Seal My Divorce Records in Alabama?

By Alabama law, divorce records are public records. This means that any member of the public may access divorce records. However, pursuant to Alabama Code - Section 12–15–103, a party may file a motion in court, requesting the court to seal the divorce records. The judge has complete discretion in deciding to grant such a request.

If a party requests that the divorce records be sealed, the court will only seal them after conducting a hearing. The party seeking to seal the divorce records must also show sound and compelling evidence why the records should be sealed.

Generally, courts are more likely to seal a record that contains information that:

• Is scandalous and defaming.
• Can be regarded as a trade secret.
• Relates to a matter of national security.
• Could cause harassment, exploitation, physical intrusion, or any harm to the parties.
• Could harm a party not connected to the divorce proceedings.