Does Alabama Have a Residency Requirement for Divorce?

08 Apr Does Alabama Have a Residency Requirement for Divorce?

The short answer to this question is: yes. If you are considering divorce in Alabama, you or your spouse must be a resident of the state.

Alabama Residency Requirements for Divorce

In order to “be a resident,” Alabama law requires that you live in Alabama for more than six months, AND that you intend to remain in the state of Alabama. Under this requirement, if you live in Alabama for more than six months, but you are only here until you complete job training, schooling, etc., then you would not have the required intent to remain in Alabama and would, therefore, not meet the residency requirement.

Requirements for Non-Citizens

Interestingly, the residency requirement does not prevent non-citizens from seeking a divorce in Alabama. However, under Alabama’s residency requirement, it is important to consider whether or not your immigration status is directly correlated to your spouse. For example, if you immigrated to Alabama for work and subsequently married in Alabama, a divorce should not impact your immigration status. However, if you immigrated to Alabama due to marriage, then a divorce could lead to issues with your immigration status.

Contact Vella & King

If you are considering divorcing your spouse and have recently moved to Alabama, please contact us at Vella & King to determine if you meet Alabama’s residency requirement.