Find Free Alabama Divorce Records & Obtain Certificates

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Free Alabama Divorce Record Search

Find out if someone in Alabama is divorced, free of charge.

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Look up free Alabama divorce records today to find separation and marriage dissolution details on anyone.

Divorce records throughout Alabama are considered public documents, making them accessible through online and offline sources provided by state and county custodians.

This resource seamlessly guides citizens on how to search for public divorce records throughout the state, provides linked databases and search tools, and offers clear steps for accessing the databases and records quickly and effectively.

The Availability of Divorce Records in Alabama

Public access to divorce records is guaranteed under the federal Freedom of Information Act (FOIA).

Similarly, the corresponding state law, the Alabama Public Records Act, grants citizens access to public records and documents but also lets requesters ask for a copy of these documents (except as otherwise provided by a statute or law).¹ These documents include divorce papers, marriage certificates, and a variety of other public records.

Requesters can ask for divorce certificates (the document stating that a divorce was granted), divorce decrees (the document that shows the court’s final judgment – this document includes more information about the divorce, such as details about the division of property among the spouses), and divorce case files (the entire set of files used during the divorce proceedings – this includes every document used by the legal teams).

According to a report by the National Center of Health Statistics, Alabama has a divorce rate of 3.6 per 1,000 persons in 2021, a drop from more than 6.0 divorces per 1,000 in 1990, but still higher than the national average.²

A related report confirms that the national divorce and annulment rate is 2.5 per 1,000 persons in 2021, which is one of the lowest in the past 30 years.

How To Search Alabama Divorce Records

Alabama divorce records have been available starting from 1950, when the State’s Center for Health Statistics started collecting such records.³

Divorce records issued before 1950 are available to citizens at the respective circuit courts in each county (depending on where they were issued).

Pursuant to Alabama state laws, specifically to Code of Alabama §36–12–40, access to the divorce index is unrestricted.⁴ Certificates may be requested by anyone who can provide enough information to search the database and show proof of payment of the proper fee.

The fee to obtain a divorce record in Alabama is $15 for a copy (a Certificate of Failure to Find will be issued if the record cannot be found). If the requester wants an additional copy of the divorce record, the fee is $6 for each copy.

Accepted payment options include check or money order, which must be made payable to the State Board of Health. Cash is not accepted, and the fees are non-refundable. Additional fees may apply for expedited services.

Anyone interested in obtaining a divorce record must provide the following information:

• The full names of both spouses before the first marriage (applicable for persons who married multiple times – the ex-wife, or ex-husband must provide the name before the first marriage)
• The date and location (the county) of the divorce
• The requester’s name and signature
• The requester’s contact information – including the address of correspondence and phone number

In-person requests: Interested persons should visit any county health department in Alabama. Every county in Alabama has the ability to issue a certificate of divorce.

Requesters will have to fill in a form (available at the location) and pay the fee. The request will be processed, and the certificate will be issued while waiting at the location.

For further information, searchers should check the map of each county in Alabama and the list of all health department locations in the state.⁵

Mail requests: Citizens must download the Vital Record Request Form (the form is also available in Spanish), print it, and fill in the required information. The application form, together with the proof of payment, should be mailed to the following address:

Alabama Vital Records Office
Post Office Box 5625
Montgomery, AL 36103 – 5625

Online requests: Searchers can also request divorce records online. To obtain a divorce record online, citizens must visit VitalChek. Additional fees apply for this service.

For more information about requesting a divorce record, interested persons should call (334)206-5418.

Tracking Down Divorce Records via Alabama Counties

While Alabama offers a variety of ways to obtain divorce records at the state level, major counties and cities have separate tools to access these types of public records.

Requesters are advised to find further information at the local government and municipal agencies. Usually, local government agencies provide a better experience, as the staff is more attentive and understanding.

Mobile County: Interested persons can request a divorce record in Mobile County at the main Health Department location, by mail, or online.

In-person requests: Citizens should visit the main location of the Health Department in Mobile, fill out the application (available at the location in English and Spanish), make the payment, and submit the application to the clerk.⁶ Searchers can also download the application (available in both English and Spanish) before going to the location. The form should be printed and filled in before handing in the application at the location.

The address of the Health Department in Mobile is:

Main Health Center
251 North Bayou St., Mobile

Phone: 251.690.8150

The entrance is through the front door of the Keeler Memorial Building

The office is open for processing divorce record applications Monday through Friday, from 7.30 a.m. to 4.30 p.m. (the last client is accepted at 4.00 p.m.). Processing the application and issuing the certificate takes 20 to 30 minutes.

The fee for a divorce record is $15, with an additional $6 for each extra copy (if requested through the same application). Payment can be made by cash, credit, or debit card (an additional administration fee of $1.95 will be charged), and personal checks or money orders (made payable to Mobile County Health Dept.)

For further information, citizens should contact the Vital Records Office at the following phone numbers: 251.690.8150 or 251.690.8898. Interested persons can also write to:

Alabama Health Statistics Center
Post Office Box 5625
Montgomery, AL 36103 – 5625

Phone: 334.206.5418

Mail requests: All interested persons should download the Vital Record Request Form (the form is also available in Spanish), print it, and fill in the required information. The application form, together with the proof of payment, should be mailed to the following address:

Alabama Vital Records
Post Office Box 5625
Montgomery, AL 36103 – 5625

Online requests: Citizens should visit the VitalChek online service. Additional fees may apply for this service.

Madison County: Any interested citizen has the right to obtain divorce records in Madison County. All divorce records are handled and managed by the Family Court/Divorce Division of the Madison County Circuit Clerk. Here are the main ways to do this:

In-person requests: Requesters are advised to visit the Madison County Circuit Clerk where they should fill in and sign the divorce certificate. The Alabama Divorce Certificate Request Form is available at the Circuit Clerk’s office or can be downloaded, printed, and signed by the requesters.⁷

The information required includes the spouses’ names, sex, race, residence, date of birth, number of marriage, number of children, and the county of decree.

Payment can be made by cash, credit or debit card, and check. The fee is $15 for the first copy and an additional $6 for each extra copy. Additional fees may apply for credit and debit card payments. All requests are processed while you wait, and a response will be given in 30 minutes. Requesters will need adequate photo ID documents.

Madison County’s Circuit Clerk address is:

Madison County Circuit Clerk
Family Court Division
100 Northside Square, 8th Fl., Rm. 821
Huntsville, Alabama 35801

For more information, requesters can call 256-532-3424.

Baldwin County: The local Baldwin County Circuit Clerk and the Alabama Health Department handle divorce records in the county. Requesters can get a divorce certificate from any Alabama Department of Health location, by mail, or online.

In person requests: Interested citizens must visit the local Baldwin County Vital Records division of the Alabama Health Department.⁸ There, requesters have to fill out the form (available at the location), provide a valid photo ID, and pay the processing fee. Payments can be done in cash, credit and debit card, or check. The address is:

Baldwin County Vital Records Office
22251 Palmer St.
Robertsdale, Alabama 36567

More information is available at the following phone number: 251.947.3618.

Mail requests: Requesters have to visit the Baldwin Circuit Court website, go to the “Clerk’s Office and Court Information” section, download and fill in the form, and mail it to any of the county circuit courts locations.

Online request: Interested citizens should visit the Alabama Courts’ website, download and fill out the form, and upload the documents on the website. Other court records and divorce records are available on the Clerk’s Office website. Users can use the Online Court Records Search Tool and will have to fill out the Record Request Form.

Locating Family Divorce Records Through the Alabama State Archives: Free Search

Citizens looking for family divorce records in Alabama can also use other online and offline resources. More divorce records, typically for divorces ruled before 1950, can be found in local county courts, depending on the location of the divorce.

For instance, citizens in Jefferson County can use the online resources available at the Probate Court of Jefferson County website.⁹ For other counties, requesters are advised to consult the list of county courts, and the list of circuit clerks and contact the respective courts for more information.

Similarly, interested persons can also visit the Alabama State Archives and the Department of Archives and History to locate and study family divorce records in the state.¹⁰

Common Law Marriages & Divorces in the State of Alabama

In 2016, the State Legislature passed Alabama Code 30-1-20 that banned common law marriages in the state, starting from 2017.¹¹ Common law marriages that were approved or started in 2016 and before are still valid. Mensa et thoro is also not recognized by the Alabama legal system.

Before 2017, common law marriages were popular in Alabama. Common law marriages did not require a formal religious or official ceremony to become valid. Furthermore, the couples were not required to get a marriage license. To be considered married, the couple had to:

• Each person had to be able to get married, be of legal age, and not closely related to each other
• They both had to want to get married
• They had to show they behave like a married couple

The couple also had to prove they are essentially married, either by owning a home together, using the same last name, opening a joint bank account, using a wedding ring, or filing common tax returns, among others. After completing all the steps, the couple could get a notarized affidavit of common law marriage.

Common law divorce is and was not available in Alabama. A common law marriage was considered legally binding once a couple was considered married. The only way to divorce was through a formal divorce in court.

How To Access Information About Dissolutions of Marriage & Common Law Divorces in Alabama

Alabama was one of the few states in the United States that allowed common law marriages. However, common law marriages have been banned since 2017.¹¹

Common law dissolutions of marriage were not available in Alabama. Once a common law marriage was recognized, the couple could divorce only through the normal judicial route. Because common law dissolutions were not recognized, the couple could not divorce by simply announcing they were divorced, even if they presented themselves to the community as separated.

In Alabama, all married couples who want to divorce have to obtain a legal divorce record from a court. The divorce process for common law marriages was the same as official marriages. The court addressed the same topics, such as child custody, spousal support, and division of property.

Unfortunately, common law marriage records are not available to the public. The couples, the family, or local churches usually store the records (if available). Depending on your location, divorce records are available at state, county, and city levels.

How To File for Divorce & Address Served Divorce Papers (Alabama Process)

Filing for divorce in Alabama varies depending on the couple’s situation (if the couple has children or whether they agree on the separation).

Alabama allows two types of divorces, as explained below.

No-fault divorces: The court doesn’t have to prove there was wrongdoing that caused the failure of the matrimony.

Fault-based divorces: One or more parties have to prove the other party caused the failure of the marriage.

When filing for a divorce, the requester has to choose from two types of divorce:

Uncontested: The parties agree on all issues related to the divorce. To file an uncontested divorce, requesters have to provide a marital settlement of agreement, complaint form, a summons, a certificate of divorce, and a final judgment of divorce.¹²

Contested: The parties disagree on multiple aspects of their marriage and a court has to decide the issues. To file a contested divorce, the process is similar, but the marital settlement agreement is not needed.

The fees for filing a divorce in Alabama vary a lot depending on jurisdiction. In Madison County, the fee is $324, while in Mobile County, the fee is $208.¹³ Requesters must keep in mind that this fee is the court fee for filing the divorce.

For contested divorces, legal fees may go to $20,000 and more. If a person is served divorce documents, he or she has to file an answer to the divorce complaint in 30 days. Otherwise, there is a high risk of having a default judgment against the served person.

The divorce documents may include a court date for visitation, marital home occupancy, custody, and child support. Contact a good divorce lawyer if you need legal help during divorce appraisal.

Couples may represent themselves for uncontested divorces and usually don’t need legal counsel. On the other hand, for contested divorces, parties should contact a competent divorce attorney or seek a divorce mediation professional.

In conclusion, access to public records is open to anyone in the state; this includes access to Alabama divorce records and a variety of other public information and documents.