The Ultimate Guide for Acquiring Marriage and Divorce Records in Alabama

Published Sept. 21, 2023

Getting your life together after your divorce starts with the security of your marriage and divorce records. Marriage and divorce records are often required for legal proceedings. They are valuable documents.

If you’re in the process of finding your marriage and divorce records in Alabama, this article is for you. We’ll discuss everything there is to know about it. We’ll lay out all the facts to help enlighten you on this topic. We’ll cover every necessary detail so you’ll not have any unanswered queries. Let’s begin.

Overview of the Marriage and Divorce Process in Alabama

The marriage and divorce process in Alabama involves steps for completion. Below are the key points you need to participate in.

1. Residency requirements

To order for divorce in Alabama, you must meet the residency demands. At least one spouse must be a current resident of the State.

2. Filing the Petition

The first step in the divorce process is ordering a petition. It is done with the appropriate court. The petitioner submits the necessary paperwork to begin the legal proceedings.

3. Serving the spouse

After filing the petition, the petitioner must serve their spouse a copy of the divorce papers. Doing so validates that they are aware of the legal actions being taken.

4. Waiting period

Alabama has a waiting period of 30 days. It is before a divorce is finalized. It allows for a cooling-off period. More importantly, it gives spouses time to reconsider or reach a settlement agreement.

5. Divorce of assets and child custody

During the divorce process, spouses may be required to negotiate and reach agreements in various areas. They must settle on asset division, child custody, visitation rights, and child support. An uncontested divorce will arise if both parties can agree on these matters.

6. Finalizing the divorce

Once the waiting period passes, the court can issue a final divorce decree. It legally terminates the marital relationship. Further, it addresses the terms of the divorce settlement.

What Is a Divorce Certificate?

A divorce certificate contains the least details about the divorce on record. Yet, it is the most commonly used divorce document. It is processed and issued by the Alabama Department of Public Health in Alabama. It may be obtained by anyone who can give enough information for a record search. It also has the required fees.

A divorce certificate issued in Alabama includes the following:

• Name of those getting the divorce
• Time of the divorce
• The location of a divorce

What Is a Divorce Decree?

A divorce decree is a court file that encompasses the details of the final judgment of an Alabama Family Court at the end of a divorce case. It facilitates the dissolution of a marriage. The court issues it. It is acquired at the end of the proceedings. Finally, it is signed by a Family Court judge and has an identifying case number.

Divorce decree also discusses the judge’s decision, binding to both parties. It indicates the terms of any settlement reached. It will also include custody information and property division. Also, the terms for spousal and child support payments.

In Alabama, all divorce final judgments before January 1950 are only available from the Office of the Clerks of the Circuit Courts.

What is a Divorce Record?

A divorce record typically contains the most information of all divorce documents. It acts as a complete case file. It encompassed all data from a divorce certificate and divorce decree. It also contains every single file and report from the whole process.

Importance of Having Your Marriage and Divorce Records

1. Legal Proceedings

Marriage and divorce records are vital for legal proceedings. They will be crucial for divorce cases, child custody disputes, property divisions, and alimony claims. They serve as evidence of marital status. Further, it is used to establish essential facts in court.

2. Updating official documents

Marriage and divorce records are often required when updating official documents. They provide proof of name changes and marital status.

3. Financial matters

Having accurate marriage and divorce records is critical for financial matters. They can support with securing loans and insurance. They also help in filing taxes and managing financial assets. Also, they play a role in determining inheritance rights and fair division of assets.

4. Genealogy research

Marriage and divorce records are valuable resources for genealogy research. They come in handy for tracing family history.

5. Personal record keeping

Access to your marriage and divorce records is vital for personal record keeping. They help track essential milestones and maintain an accurate marital history. They ensure that all your confidential records are updated.

How to Acquire Marriage and Divorce Records in Alabama?

An Alabama divorce records are all office documents facilitating the dissolution of a marriage in a state. Every piece of information following a divorce is included in the form.

Divorce records are court records. They may, therefore, be searched on third-party public record websites. They can offer personal information on minors, finances, and sensitive criminal data such as domestic abuse.

Are Divorce Records Public in Alabama?

Divorce records in Alabama are public attainments. They are accessible to anyone. Requesters must give the required information to search and retrieve these data. Alabama Circuit Clerk’s Office does charge nominal fees for requested copies.

Yet, Alabama restricts access to sealed divorce records. Only those named on these records and their attorneys can search divorce records in the State. Divorce records in Alabama are not sealed by default.

The parties involved must file a motion to seal a divorce record with the court requesting it. Both parties must agree to it and give valid reasons.

Alabama family courts are likely to seal divorce records for the following:

• Contains confidential financial data and trade secrets
• Has information impacting national security
• Encourage defamation and scandal
• Includes the identities of minors and victims of abuse
• Pose threats of harassment, exploitation, physical intrusion, or other types of harm to the parties involved or third parties.

Where to Find Marriage and Divorce Records in Alabama

It’s pretty easy to find marriage and divorce records in Alabama. There are only a few fees and requirements you’ve got to deal with. Moreover, forms for both marriage and divorce can be acquired personally. In addition, you may order your records online through VitalCheck.

Available Records

Alabama’s Center for Health Statistics started filing divorce certificates in 1950. Meanwhile, it began filing for marriage certificates in August of 1936.

Restrictions

Divorce and marriage certificates are unrestricted by Alabama state law. Therefore, anyone with the correct requirements who pays the necessary fees can obtain records.

Fees

It costs $15 to get a copy of your divorce or marriage certificate. You’ll get a copy of the certificates or a “Certificate of Failure to Find.” Now, if you need more copies of your divorce/marriage certificate, you’ll need to pay $6 for every succeeding copy.

Required Information

To obtain marriage and divorce records in Alabama, you’ll need the following:

• Full pre-marriage names of both parties
• Date of marriage or divorce
• County where the marriage license was published or where the divorce was granted
• Your full name
• Your signature
• Mailing address
• Daytime contact number

Getting A Marriage Certificate

Below are all the steps needed to get a marriage certificate in Alabama:

• Download the mail-in application (available in Spanish).
• Send the application along with the payment for the fees to:

Alabama Vital Records

P.O. Box 5625

Montgomery, Alabama 36103-5625

In-person within Alabama: Head to any county health department in the State to procure a certified copy of an Alabama marriage certificate.

Often, marriage certificates will be issued on the day of your application. So, all you will need to do is wait for a short while.

Ordering a certificate online: Marriage certificates may be collected through VitalCheck and paid for using any primary credit card provider.

With that said, if you go for this option, you must pay an additional fee for the service and expedited shipping via UPS.

Getting A Divorce Certificate

Below are all the steps needed to get a Divorce certificate in Alabama:

• Download the mail-in application (available in Spanish)
• Send the application along with the payment for the fees to:

Alabama Vital Records

P.O. Box 5625

Montgomery, Alabama 36103-5625

In-person within Alabama: Head to any county health department in the State to procure a certified copy of an Alabama divorce certificate.

Often, marriage certificates will be issued on the day of your application. So, all you will need to do is wait for a short while.

Ordering a certificate online: Divorce certificates may be collected through VitalCheck and paid for using any primary credit card provider.

With that said, if you go for this option, you must pay an additional fee for the service and expedited shipping via UPS.