Birmingham Divorce Decree Search

Birmingham divorce decree records are maintained by the Jefferson County Circuit Court Birmingham Division. Birmingham is Alabama's third largest city with a population of approximately 196,000 in the metro area. All divorce cases for Birmingham residents are filed at 716 Richard Arrington, Jr. Blvd. N., Birmingham, AL 35203. The courthouse is part of the Tenth Judicial Circuit. Office hours are 8:00 AM to 5:00 PM, Monday through Friday. Call (205) 325-5355 for general information. You can search cases online through Alacourt or obtain certified copies in person or by mail.

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Jefferson County Circuit Court

Birmingham is in Jefferson County. All divorce cases for Birmingham residents are filed with the Jefferson County Circuit Court. The Birmingham Division is at 716 Richard Arrington, Jr. Blvd. N., Birmingham, AL 35203. Phone (205) 325-5355 for information. Office hours are 8:00 AM to 5:00 PM, Monday through Friday.

Jefferson County has two divisions. Birmingham and Bessemer. Birmingham residents file at the Birmingham Division. The county is part of the Tenth Judicial Circuit. All divorce matters are handled by the Circuit Court.

Filing for Divorce

To file a divorce in Birmingham, go to the Circuit Court at 716 Richard Arrington, Jr. Blvd. N. Bring your completed forms and filing fee. Download forms from the Alabama E-Forms Portal at https://eforms.alacourt.gov/. The Uncontested Divorce Packet includes all necessary documents for a simple case.

Jefferson County Circuit Court Birmingham Division courthouse building

At least one spouse must be an Alabama resident to file. If your spouse lives out of state, you must be a resident for six months before filing. This is required by Alabama Code § 30-2-5. If both spouses are Alabama residents, you can file right away.

File in person or use AlaFile to file online. AlaFile is at https://efile.alacourt.gov/. Register for free. Upload your documents as PDFs. Pay the filing fee online. Electronic filing is available 24/7.

Serve your spouse after filing. If they agree to the divorce, they can sign a waiver. If not, a sheriff or process server must deliver the papers. Service is required before the case can move forward. Once served, your spouse has 30 days to respond.

Alabama requires a 30 day wait from filing to final decree. This is in Alabama Code § 30-2-8.1. The court cannot grant a divorce before 30 days pass. Most uncontested cases take 30 to 60 days total. Contested cases take much longer, often 6 to 18 months.

What Are the Fees?

Jefferson County filing fees are around $290 as of 2024. The exact amount depends on whether you have children and other factors. Call (205) 325-5355 to confirm the current fee before filing.

Alabama Code § 12-19-72 sets a base state fee of $145. Jefferson County adds local fees on top of this amount. The total varies slightly based on case details.

If you cannot afford the fee, file an Affidavit of Substantial Hardship. This form requests a fee waiver. The fee is deferred until the case ends. You must show that paying the fee would cause financial hardship. Alabama Code § 12-19-70 allows this option.

Certified copies cost 50 cents per page. Service of process adds $25 to $50. Attorney fees range from $2,000 to $15,000 for complex cases. Simple uncontested cases cost less if you hire an attorney for limited help.

Obtaining Copies

To get a certified copy of a Birmingham divorce decree, contact the Jefferson County Circuit Court Birmingham Division at (205) 325-5355. Visit in person at 716 Richard Arrington, Jr. Blvd. N. Bring photo ID. Provide the full names of both parties. The case number helps but is not required. The approximate date of divorce is useful.

You can view records for free at the courthouse. Fees apply only for printed or certified copies. Most counties charge 50 cents per page. A standard divorce decree is 5 to 15 pages.

By mail, send a written request to Jefferson County Circuit Court, 716 Richard Arrington, Jr. Blvd. N., Birmingham, AL 35203. Include your contact information and details about the case. Add a check for the estimated cost. Include a return envelope with postage. Processing by mail takes 2 to 4 weeks.

Online Case Search

Search Birmingham divorce cases using Alacourt Public Access at https://pa.alacourt.com/. This free statewide database covers all Alabama counties. Enter a name or case number to find case details. Results show filing dates, case status, and party names. Full divorce decrees are not available online. You must contact the Circuit Court to obtain certified copies.

AlaFile at https://alafile.alacourt.gov/ is for electronic filing and case management. Both attorneys and self represented parties can use it. Register for free and manage your case online. You receive electronic service of documents. This saves time and postage.

Free Legal Help

Legal Services of Metro Birmingham provides free civil legal help to low income residents. Call (800) 819-7685 for information. They are located at 1820 Seventh Avenue North, Birmingham, AL 35203. Their PAI and VLP programs handle divorce and family law matters. Check if you qualify for free assistance.

The Birmingham Bar Association Volunteer Lawyers Program serves low income Jefferson County residents. Call (205) 250-5198 or visit www.vlbham.org for more information. They provide free legal help for those who cannot afford an attorney.

Legal Services Alabama also serves the Birmingham area. Call (866) 456-4995 or visit https://legalservicesalabama.org/ to see if you meet income requirements. They handle divorce, custody, and other family law cases.

Alabama Legal Help at https://www.alabamalegalhelp.org/ offers self help forms and guides. The site includes step by step instructions for uncontested divorces. Videos and FAQs are available. This is useful if you are representing yourself.

For contested cases, hire an attorney. Complex property division or custody disputes require legal representation. An attorney protects your rights and handles the legal process.

Alabama Divorce Statutes

Alabama Code § 30-2-1 lists the grounds for divorce. Irretrievable breakdown is the most common ground. Other grounds include adultery, abandonment, and incompatibility. The Circuit Court has authority to grant divorces in Alabama.

Alabama Code § 30-2-5 sets residency requirements. At least one spouse must be an Alabama resident. If the other spouse is not a resident, the filing spouse must live in Alabama for six months before filing. If both are residents, no wait is required.

The 30 day waiting period is in Alabama Code § 30-2-8.1. No final decree can be entered before 30 days pass from the filing date. This applies to all Alabama divorces. The court may issue temporary orders during the wait period.

Divorce records are public under Alabama Code § 36-12-40. All citizens have the right to inspect public records. Divorce case files are accessible unless a court seals them. Sealed records require a court order to access.

Nearby Cities

Other major cities in the Birmingham metro include Hoover. Hoover residents in Jefferson County file at the same Birmingham Division courthouse. Cities in other counties include Tuscaloosa and Montgomery. Each files with their county of residence.

For more details about Jefferson County divorce procedures, visit the Jefferson County page.

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