Huntsville Divorce Decrees
Huntsville divorce decree records are maintained by the Madison County Circuit Court in downtown Huntsville. Alabama's most populous city has over 230,000 residents. All Huntsville divorces are filed with the Circuit Clerk at 100 North Side Square. The Family Court Division handles domestic relations cases. You can search cases online through Alacourt or visit the courthouse in person. Certified copies are available for a fee from the Circuit Clerk office. Legal aid is offered through local volunteer lawyer programs for those who qualify.
Which County Handles Cases?
Huntsville is located in Madison County. All divorce cases for Huntsville residents are filed with the Madison County Circuit Court. The courthouse is at 100 North Side Square, Room 217, Huntsville, AL 35801. Phone (256) 532-3300 for general inquiries. The Family Court Division handles domestic relations matters. Call (256) 532-3380 for specific questions about divorce filings.
Madison County is part of the 23rd Judicial Circuit. The Circuit Court has exclusive jurisdiction over all divorce cases. You must file in the county where you or your spouse lives.
Filing a Divorce
To file a divorce in Huntsville, go to the Madison County Circuit Clerk office on North Side Square. Bring your completed forms. You will need a Complaint for Divorce, Summons, and other required documents. The Alabama E-Forms Portal at https://eforms.alacourt.gov/ has all official forms. Download the Uncontested Divorce Packet if your case is not contested.
At least one spouse must be an Alabama resident. If your spouse lives out of state, you must be a resident for six months before filing. If both of you live in Alabama, no wait is required. These rules are in Alabama Code § 30-2-5.
File your forms in person at the courthouse or use AlaFile to file online. The AlaFile system is at https://efile.alacourt.gov/. Both methods are accepted. You must pay the filing fee at the time you file. After filing, serve your spouse with a copy of the complaint and summons. If your spouse agrees to the divorce, they can sign a waiver. If not, a sheriff or process server must deliver the papers.
Under Alabama Code § 30-2-8.1, the court cannot grant the final decree until 30 days pass. This is the mandatory waiting period. The time starts from the filing date. Most uncontested cases are completed within 30 to 60 days total.
How Much Does It Cost?
Filing fees in Madison County are $324 as of 2024. This includes both state and county fees. Contact the Circuit Clerk to confirm the current fee before you file.
Certified copies cost $5 for the first 20 pages, then 50 cents per page after that. If your case is archived, an extra $25 search fee applies. You can view records for free at the courthouse. Fees are only charged for printed or certified copies.
If you cannot afford the filing fee, file an Affidavit of Substantial Hardship. This form requests a fee waiver. The fee is deferred until your case ends. You must show that paying the fee would cause financial hardship. Alabama Code § 12-19-70 allows this option.
Obtaining a Certified Copy
To get a certified copy of a Huntsville divorce decree, contact the Madison County Circuit Clerk. Bring photo ID if you visit in person. Provide the full names of both parties. The case number helps but is not required. The approximate date of the divorce is useful if you do not have the case number.
Madison County requires a Request for Records Search form for most requests. Obtain this form from the clerk's office or download it from the website. Fill it out completely. Submit it to the Circuit Clerk at 100 North Side Square. Processing usually takes two weeks or less.
By mail, send a written request with your name, address, and phone number. Include the names of both parties and the date of divorce if known. Add a check for the estimated cost. Include a return envelope with postage. Allow 2 to 4 weeks for processing.
Online Case Search
Search Huntsville divorce cases using the Alacourt Public Access portal at https://pa.alacourt.com/. Enter a name or case number to find case details. The database is free and covers all Alabama counties. Results show filing dates, case status, and party names. Full divorce decrees are not available through the online portal. You must contact the Circuit Clerk to obtain certified copies.
The Madison County Circuit Court website is at https://madison.alacourt.gov/. The Family Division page at https://madison.alacourt.gov/family-division/ has information about divorce filings. The Madison County Court Records site at https://madisoncountycourt.org/ also provides resources.
Legal Aid in Huntsville
Legal Services Alabama has a Huntsville office. They provide free civil legal help to low income residents. Divorce and family law matters are among the cases they handle. Check if you qualify at https://legalservicesalabama.org/ or call (866) 456-4995.
The Madison County Volunteer Lawyers Program assists over 1,000 people per year. Income limits apply. Contact them to see if you qualify for free representation. This is a valuable resource for those who cannot afford an attorney.
LRIS of Madison County, Inc. is a Lawyer Referral and Information Service. Call (205) 539-2275 for referrals to local attorneys who handle divorce cases. They also provide information about legal processes. Their mailing address is PO Box 2913, Huntsville, AL 35804.
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 frequently asked questions are available. This is useful if you are representing yourself.
What Laws Apply?
Alabama divorce law is in Title 30 of the Alabama Code. Alabama Code § 30-2-1 lists the grounds for divorce. Irretrievable breakdown of marriage is the most common ground. Other grounds include adultery, abandonment, and incompatibility.
The residency requirement is in Alabama Code § 30-2-5. At least one spouse must be an Alabama resident. If the other spouse is not a resident, the filing spouse must live here for six months before filing. If both spouses are residents, no wait is required.
Alabama Code § 30-2-8.1 requires a 30 day wait. 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 for custody, support, or other urgent matters.
Filing fees are set by Alabama Code § 12-19-72. The base state fee is $145. Counties add local fees on top of this base. In Madison County, the total is $324.
Nearby Cities
Other major cities in the Huntsville metro area include Madison and Decatur. Madison residents also file with Madison County Circuit Court. Decatur residents file with Morgan County Circuit Court. Each county has its own Circuit Clerk office and filing procedures.
For more information about Madison County divorce procedures, visit the Madison County page.
Search for Records
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