The Difference Between a Divorce and an Annulment in Alabama

A divorce in Alabama is the legal termination of a state-approved marriage or civil union. The marriage remains valid by the state's statutory definitions until the court grants a divorce judgment. Divorce in Alabama is primarily based on fault grounds. An annulment differs from a divorce in that the marriage was never valid under state laws from the beginning. Circuit Courts in Alabama have original jurisdiction of divorces and annulments in the state.

What is an Alabama Divorce Decree?

A divorce decree in Alabama is a legally binding document that pronounces the end of a marriage or civil union. It also provides the terms of an agreement of settlements, such as who has custody of the children, who gets to provide spousal support, and how much of the assets and liabilities go to each person. Although a divorce decree is more or less a court order, it is subject to modification over time if there are legally acceptable reasons to do so. For example, if the child custodian becomes sick or needs to move, the court authority can respond to a request to transfer the custody rights to the other ex-spouse.

Family court documents include marriage and divorce records. Both types of records contain information that is considered very personal to the parties involved, and it is recommended that those parties maintain these records with care to make future changes. The personal nature of these records makes them considerably more difficult to find and obtain compared to other public records. In many cases, these records are unavailable through government sources or third-party public record websites.

What is an Annulment in Alabama?

An annulment is a legal action that declares a former marriage void, as if it never existed. Recipients of an annulment can claim that they were never married. According to Title 30 of the Alabama Revised Statutes, there are at least six legal grounds for annulment in Alabama:

• Incestuous marriage: A marriage between close relatives violates public policy.
• Bigamous relationship: In a case where a party is still legally bound to another spouse in matrimony, the present marriage becomes void. 
• Fraudulent acts in the relationship: An example is a party concealing a pregnancy by another man before marriage.
• When the present husband finds out, he could file for an annulment. It is a fraud that goes to the core of the marriage.
• Underage marriage: If the marriage involves a minor and is without parental consent, the marriage is void.
• Forced marriage: A Marriage contract under threats of assault or duress is null.
• Impotency: Inability to consummate the marriage because of medical disabilities can render a marriage void.
• Withholding details of an incurable sexually transmitted disease from a spouse: This is especially true if the disease was present at the time of the marriage.

The effect of an annulment can ripple through the legitimacy status of involved children. In such extended scenarios, the courts have jurisdiction to determine paternity and issue child support or custody orders.

Annulment records are part of the state's vital records, and the state's public records policy determines the extent to which the public can access them. However, content that informs on custody allocations, guardianships, contact details of children, etc., is non-disclosure. Only persons with a legitimate interest in the records can access them.

Annulment vs Divorce in Alabama

The judicial process of divorce and annulment ultimately ends a union. However, some differences exist between them, typically including:

• The courts of jurisdiction require at least a 6-month residency of at least one party. Annulment cases need no residency requirement from either party.
• The Administrative Office of Courts of Alabama provides a variety of self-help forms online. To begin, complete the complaint for divorce and summons forms. Verify the county court to file the forms with. Be sure to state that a party has been a resident in the state for at least six months. Provide the legal grounds for divorce according to the state code. Some of them include:
  • Impotency since the time of marriage
  • Adultery
  • Abandonment for at least one year
  • Addictive drunkenness or drug use
  • Medically certifiable mental illness
  • Domestic violence

If there are no legal grounds, parties can file based on a separation of at least two years.

Getting an annulment typically requires that the filing party fill out the Verified Complaint for Annulment form. Depending on the type of adjoining issues, more forms may need to be filled out. Except for custody allocation and determination of paternity, most settlement agreements are not a priority in the eyes of Alabama state laws regarding annulment.

Is an Annulment Cheaper Than Divorce In Alabama?

An annulment in Alabama is typically cheaper than a divorce in terms of time cost and process. This is because annulment of the state law is a corrective process and not an attempt to adjudicate between two people. However, all annulment cases should pass through the minimum judicial process of filing, hearing, and a court order.

What is an Uncontested Divorce in Alabama?

In an uncontested divorce, both parties mutually consent to the process and agree on all settlement points. In such a case, the attorney's role is to ensure the smooth flow of the legal process. The process follows the usual filing initiation, paper service, and a waiting period. Both parties must sign all settlement documents necessary to finalize the divorce. Usually, the filing party’s attorney submits the documents. There is usually a 30-day waiting time to allow both parties to make sure of their decision to follow through with the process.

Where to Get an Uncontested Divorce Form in Alabama?

The Alabama Administrative Office of Courts provides self-help e-forms that are downloadable and printable upon completion. Go to the do-it-yourself forms section and locate the forms of interest. Consult an attorney for clarification.

The public record policy governing vital records in Alabama generally allows members of the public access to divorce records. Exceptions to the case are contents of the documents that are closed to public access by statute, such as financial statements, information about involved children, custody allocations, and guardianships. Also, divorce records placed under a seal will not be accessible to the public except with a court order.

Records that are considered public may be accessible from some third-party websites. Aggregate sites are generally a convenient alternative for inquirers searching for multiple records across several US districts. To search these databases, however, users are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused

Third-party sites are operated independently of government sources. Consequently, the availability, accuracy, or validity of certain records provided by these sites cannot be guaranteed.

How Do I Get a Copy of My Divorce Decree in Alabama?

Divorcing parties may obtain copies of their divorce decrees after the court has issued a final decree. If the orders in the decree do not meet the expectations of one of the parties, they have the right to file an appeal within 42 days of the issuance at the court. A divorce decree is a court order that should be adhered to. Disobeying the judgment in a divorce decree can be considered contempt of court under Alabama state laws.

Divorce and marriage records may be available through government sources and organizations, though their availability cannot be guaranteed. This is also true of their availability through third-party websites and companies, as these organizations are not government-sponsored, and record availability may vary further. Finally, marriage and divorce records are considered extremely private due to the information they contain and are often sealed. Considering these factors, record availability for these types of records may not be guaranteed. 

How Do I Get an Alabama Divorce Decree Online?

Alabama divorce decrees are not available for issuance online. The Vital Records Section of the Alabama Public Health Department only provides copies of divorce certificates (certified or uncertified) upon request to inquirers. Divorce decree requests are only processed at the court of jurisdiction over the divorce case.