Access Montgomery Divorce Decree

Montgomery divorce decree records are filed with the Montgomery County Circuit Court in downtown Montgomery. Alabama's state capital has a population of approximately 198,000. The courthouse is part of the Fifteenth Judicial Circuit. All divorce cases for Montgomery residents are filed at the Circuit Clerk office, P.O. Box 1667, Montgomery, AL 36102. Call (334) 832-1260 for information. You can search cases online through Alacourt or obtain certified copies in person or by mail. Free legal help is available through the Montgomery Volunteer Lawyers Program and Legal Services Alabama.

Montgomery County Circuit Court

Montgomery is in Montgomery County. All divorce cases for Montgomery residents are filed with the Montgomery County Circuit Court. The courthouse is in downtown Montgomery. Mail correspondence to P.O. Box 1667, Montgomery, AL 36102. Phone (334) 832-1260 for general information about divorce filings.

Montgomery County is part of the Fifteenth Judicial Circuit. The Circuit Court has jurisdiction over all divorce matters in the county. Office hours and procedures can be confirmed by calling ahead.

How to File

To file a divorce in Montgomery, visit the Circuit Clerk office in downtown Montgomery. Bring your completed forms and filing fee. Download forms from the Alabama E-Forms Portal at https://eforms.alacourt.gov/. The Uncontested Divorce Packet is available for cases where both parties agree.

One spouse must be an Alabama resident. If your spouse lives out of state, you must live in Alabama for six months before filing. This is in Alabama Code § 30-2-5. If both spouses are residents, you can file right away.

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, they can sign a waiver. If not, a sheriff or process server must deliver the papers. Once served, your spouse has 30 days to respond.

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

Montgomery County filing fees vary. Call (334) 832-1260 to confirm the current fee before you file. As of 2024, most Alabama counties charge between $200 and $350 for a divorce filing.

Alabama Code § 12-19-72 sets a base state fee of $145. Counties add local fees on top of this amount. The exact total depends on whether you have children and other case factors.

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 50 cents per page in most counties. Service of process adds $25 to $50. Attorney fees range from $2,000 to $15,000 for complex cases.

Obtaining Certified Copies

To get a certified copy of a Montgomery divorce decree, contact the Montgomery County Circuit Clerk at (334) 832-1260. Visit the courthouse in person in downtown Montgomery. Bring photo ID. Provide the full names of both parties and the date of divorce if known. The case number helps speed up the search.

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 typical divorce decree is 5 to 15 pages.

By mail, send a written request to Montgomery County Circuit Court, P.O. Box 1667, Montgomery, AL 36102. Include your contact information and details about the case. Add a check for the estimated cost. Include a return envelope with postage. Allow 2 to 4 weeks for processing.

Online Search

Search Montgomery 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 Clerk to obtain certified copies.

AlaFile at https://efile.alacourt.gov/ is for electronic filing and case management. Both attorneys and self represented parties can use it. Register for free and track your case online. You receive electronic service of documents from other parties.

Legal Aid Resources

The Montgomery Volunteer Lawyers Program (MVLP) provides free legal help to low income Montgomery County residents. Call (334) 265-0222, ext 1 for information. Income and asset based eligibility requirements apply. They handle divorce, custody, and other family law matters.

Legal Services Alabama has a Montgomery office. Call (334) 832-4570 or (866) 456-4995 for assistance. Mail correspondence to P.O. Box 20787, Montgomery, AL 36120. They provide free civil legal help for qualified individuals.

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.

For contested cases, hire an attorney. Complex property division, custody battles, and domestic violence situations require legal representation. An attorney protects your rights and guides you through the court 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. Every citizen has 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 Alabama cities include Birmingham, Mobile, and Huntsville. Each city's residents file with their county of residence. Birmingham residents file with Jefferson County. Mobile residents file with Mobile County. Huntsville residents file with Madison County.

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

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