Alabama Residency Requirements
Residency requirements for filing for divorce in Alabama. Learn how long you need to live in the state, what counts as residency, and what to do if you just moved. Updated for 2026.
State Residency
6
months minimum
County Residency
months minimum
Note: Under Ala. Code § 30-2-5, if both spouses are residents of Alabama, a divorce may be filed at any time. If only the filing spouse (plaintiff) is an Alabama resident, they must have been domiciled in the state for at least six months immediately before filing. If only the defendant is an Alabama resident, the plaintiff may file at any time regardless of their own residency. The complaint must be filed in the circuit court of the county where the defendant resides, or where the plaintiff resides if the defendant is a nonresident or has left the state.
Alabama Residency Requirements Explained
Before you can file for divorce in Alabama, at least one spouse must meet the state's residency requirement. This means you must have been a bona fide resident of Alabama for a minimum of 6 months prior to filing your petition.
In addition to the state requirement, Alabama also requires that you have lived in the county where you file for at least months. You must file in the county where you (or your spouse) reside.
The residency requirement applies to only one spouse. If your spouse lives in another state, you can still file in Alabama as long as you personally meet the requirement.
How to Prove Alabama Residency
If the court or your spouse challenges your residency, you may need to provide evidence. Common proof of residency includes:
Valid Alabama driver's license or state ID
Active voter registration in Alabama
Current lease agreement or mortgage for a Alabama address
Alabama state tax returns filed as a resident
Utility bills in your name at your current address
Pay stubs or employment verification in Alabama
Bank statements showing a Alabama address
Vehicle registered in Alabama
Check your eligibility to file
Answer a few questions and Divorce.ai will confirm if you meet Alabama's residency requirements.
Military Personnel & Residency
Active duty military members have special residency options for divorce. Under the Servicemembers Civil Relief Act (SCRA), military members can claim residency in Alabama if:
- •They are currently stationed in Alabama
- •They maintain Alabama as their legal domicile (home of record)
- •Their spouse lives in Alabama
Military divorce may also involve unique considerations like military pension division, BAH, and deployment-related custody issues. Consult a military-experienced attorney if needed.
What If I Just Moved to Alabama?
Start your countdown. Note the date you moved to Alabama. You can file after 6 months from that date.
Prepare now. Use the waiting time to gather financial documents, complete your forms, and reach agreement with your spouse.
Consider your previous state. If you still meet the residency requirements in the state you left, you may be able to file there instead.
Emergency protections are available. If you need protection from domestic violence, you can file for a protective order regardless of residency status.
Don't wait to prepare
Start your Alabama divorce paperwork now so you can file the day you meet residency requirements.
Where to File in Alabama
Once you meet Alabama's residency requirements, you must file for divorce in the correct court. In Alabama, divorce is filed in the county where you or your spouse lives.
Filing Location Checklist
- ✓Confirm you meet the 6-month state residency requirement
- ✓Confirm you meet the -month county residency requirement
- ✓Identify the correct court for your county
- ✓Check local filing rules and any county-specific forms
- ✓Check if e-filing is available in your county