Madison Divorce Decree Files

Madison divorce decree records are filed with the Madison County Circuit Court in Huntsville. Madison is a rapidly growing suburb in Madison County with a population of approximately 56,000. The city operates under a Mayor Council form of government. The Municipal Complex is at 100 Hughes Rd., Madison, AL 35758. However, divorce cases are filed at the Madison County Courthouse at 100 North Side Square, Room 217, Huntsville, AL 35801. Call (256) 532-3300 for general information. Madison residents file at the same courthouse as Huntsville residents. You can search cases online through Alacourt or obtain certified copies in person or by mail.

Madison County Circuit Court

Madison is in Madison County. All divorce cases for Madison residents are filed with the Madison County Circuit Court. The courthouse is in Huntsville 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. Madison residents file at the same courthouse as Huntsville residents. The offices and procedures are identical.

How to File

To file a divorce in Madison, go to the Madison County Circuit Clerk office at 100 North Side Square in Huntsville. 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 uncontested case.

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. This is in Alabama Code § 30-2-5. If both spouses are Alabama residents, you can file immediately.

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

After filing, serve your spouse with the complaint and summons. 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 proceed.

Alabama Code § 30-2-8.1 requires a 30 day wait from filing to final decree. No divorce can be granted before 30 days pass. Most uncontested cases are complete within 30 to 60 days total.

Filing Fees

Madison County filing fees are $324 as of 2024. This includes both state and county fees. Contact the Circuit Clerk to confirm the current fee before you file.

Alabama Code § 12-19-72 sets a base state fee of $145. Madison County adds local fees on top of this amount, resulting in a total of $324.

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 for those who cannot pay.

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.

Obtaining Certified Copies

To get a certified copy of a Madison divorce decree, contact the Madison County Circuit Clerk at (256) 532-3300. Visit in person at 100 North Side Square, Huntsville. Bring photo ID. 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. 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 Madison 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 Resources

Madison County Volunteer Lawyers Program assists over 1,000 people per year with legal matters including divorce. Income limits apply. Contact the program to see if you qualify for free legal help. This program is a valuable resource for low income residents who cannot afford an attorney.

Legal Services Alabama serves Madison County residents. They provide free civil legal help to qualified individuals. Divorce and family law cases are among the matters they handle. Check if you meet the income requirements at https://legalservicesalabama.org/.

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 also available. This is a good resource if you are representing yourself in an uncontested case.

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 Laws

Alabama Code § 30-2-1 lists the grounds for divorce. Irretrievable breakdown of the marriage is the most common. 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 for custody, support, and other urgent matters.

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 cities in Madison County include Huntsville. Huntsville residents also file at the same Madison County Circuit Court. Cities in nearby counties include Decatur in Morgan County. Each city's residents file with their county of residence.

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

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