Divorce Residency Requirements in Alabama: Who Can File and Where
Alabama requires six months of bona fide residence before filing when the defendant is a nonresident, and the statute names no period when both spouses live in the state. File in the defendant’s county, or yours if the defendant lives out of state.
What residence does an Alabama divorce require?
Alabama sets one residence period in the divorce statutes: when the defendant is a nonresident, the other spouse must have been a bona fide resident of the state for six months next before the filing of the complaint, and the complaint must allege it and the spouse must prove it (Ala. Code 30-2-5). The Alabama divorce timeline calculator adds six months to the date you became a resident and compares it with your filing date.
Is there a residence period if both spouses live in Alabama?
Section 30-2-5 states the six-month rule only for a nonresident defendant, and we found no other durational residence requirement in the Alabama divorce sections we read. If both spouses live in Alabama, the complaint still goes to the right county (see below) and must allege a ground. Ask a licensed Alabama attorney whether your facts raise any other residence question.
What does bona fide resident mean?
The Court of Civil Appeals has said that, for this statute, residence is equivalent to domicile, and that when the residence requirement is not met the trial court lacks jurisdiction over the divorce (Weith v. Weith). In other words, living in Alabama for six months is not enough on its own if the home is not really your permanent one. Keep proof such as a lease or deed, a driver license, voter registration and employment records.
Where do you file for divorce in Alabama?
A complaint may be filed in the circuit court of the county where the defendant lives, in the circuit court of the county where the parties lived when they separated, or, if the defendant is a nonresident, in the circuit court of the county where the other spouse lives (30-2-4).
| Situation | Where to file | Residence period |
|---|---|---|
| Defendant lives in Alabama | Defendant’s county, or the county where the spouses lived when they separated | None stated in 30-2-5 |
| Defendant lives out of state | The filing spouse’s county | Six months of bona fide residence |
Is custody decided by the same residence test?
No. Custody has its own jurisdiction rule under the Uniform Child Custody Jurisdiction and Enforcement Act: Alabama can make an initial custody decision if it is the child’s home state when the case begins, meaning the child lived there with a parent for at least six consecutive months (30-3B-201; 30-3B-102(7)). A divorce can be granted in Alabama while custody of a child who has not lived there long enough must be decided elsewhere. See the Alabama parenting time calculator.
How do the residence date and the waiting period fit together?
They are separate clocks. Residence must be complete before the complaint is filed; the 30-day waiting period starts on the filing date (30-2-8.1). For example, a spouse who became an Alabama resident on August 15 and whose husband or wife lives in another state completes six months on February 15, can file that day, and the 30 days end on March 17 in a year that is not a leap year.
What about military families?
The sections we read contain no separate residence rule for service members. If you or your spouse is stationed away from Alabama, ask a licensed Alabama attorney how domicile applies to your facts before you file.
Frequently asked questions
Do I need six months of Alabama residence to file for divorce?
Only if the other spouse is a nonresident. Then you must have been a bona fide resident for six months before filing.
Where do I file for divorce in Alabama?
In the circuit court of the defendant’s county, the county where the spouses lived when they separated, or yours if the defendant is a nonresident.
What happens if I file before six months of Alabama residence?
Where the six-month rule applies, courts have held the trial court lacks jurisdiction over the divorce.
Does residence for divorce decide custody jurisdiction in Alabama?
No. Custody follows the child’s home state, which needs six consecutive months of living in Alabama.
Does bona fide residence mean just living in Alabama?
Courts treat it as domicile: your real, permanent home, not just a stay.
Official sources
- Ala. Code 30-2-8.1: waiting period and temporary orders
- Ala. Code 30-2-5: residence of plaintiff when defendant is a nonresident
- Ala. Code 30-2-4: where the complaint is filed
- Ala. Code 30-2-10: 60-day restriction on remarriage
- Ala. Code 30-2-1: grounds for divorce
- Ala. Code 30-2-8: proceedings generally
- Weith v. Weith, Alabama Court of Civil Appeals: residence is domicile
- Ala. Code 30-3B-201: initial child custody jurisdiction
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Alabama statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Alabama attorney.