Where to File Your Paperwork in Mobile County?
The first thing you do in order to start your divorce is file your documents with the Domestic Relations Division of the Mobile County Circuit Court. Unlike some states where you file at a records office and hear cases elsewhere, the 13th Judicial Circuit handles both the filing and the hearings within the same court system, so let’s talk about that a bit first.
📍Mobile County Circuit Court – Domestic Relations Division
- Address: 205 Government Street, Room C-909, Mobile, AL 36644
- Phone: (251) 574-8576
- Business Hours: Monday–Friday, 8:00 a.m. – 5:00 p.m.
- Where to File: You must submit your Complaint for Divorce and supporting documents at the Circuit Clerk’s office on the 9th floor of Government Plaza.
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Divorce Requirements: Do You Qualify?
To file for divorce in Mobile County, you must meet Alabama’s residency requirements:
- Six-Month Rule: At least one spouse must have been a bona fide resident of Alabama for at least six months immediately before filing.
- County Jurisdiction: You should generally file in the county where the defendant (your spouse) lives, or in the county where you both lived at the time of your separation.
Using online divorce services like DivorceCanBeSimple.com can simplify this by ensuring your paperwork aligns with Alabama’s “no-fault” grounds (aka it’s such as irretrievable breakdown or incompatibility of temperament), helping you avoid unnecessary “so what” moments.
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Filing for an Uncontested Divorce (When Both Spouses Agree)
In Alabama, an uncontested divorce is often called a “Pro Se” or “Administrative” divorce. It is the fastest way to dissolve a marriage, often finalized in as little as 6 to 12 weeks.
The process follows these steps:
- File the Complaint: Submit your Complaint for Divorce along with the filing fee. In Mobile County, the 2026 fee is approximately $324 (without children) or $334 (with children).
- Service of Process: You must “serve” your spouse. In an uncontested case, your spouse can simply sign an Answer, Waiver, and Agreement for Taking Testimony, which avoids the need for a sheriff or process server.
- The 30-Day “Cooling-Off” Period: Alabama law (Ala. Code § 30-2-8.1) requires a mandatory 30-day waiting period after the initial filing before a judge can sign the Final Decree.
- Submit Testimony: Since you won’t appear in court, you must submit a written Testimony of Plaintiff (usually a sworn affidavit) to provide the court with the necessary facts of the marriage.
- Final Decree: After the 30-day wait, the judge reviews the file. If everything is in order, they will sign the Final Decree of Divorce.
Note: In Alabama, you must wait 60 days after the divorce is finalized before you are legally allowed to remarry (except to each other).
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Common Mobile County Divorce Forms You Will Need
Mobile County requires a specific packet of forms. While you can find these at the Law Library on the 10th floor of Government Plaza, online services can help you generate them automatically.
The basic forms you may need include:
- Complaint for Divorce: The document that starts the legal process.
- Summons: Official notice to your spouse.
- Affidavit of Residency: A sworn statement proving you have lived in Alabama for six months.
- Marital Settlement Agreement: A contract signed by both parties dividing property and debts.
- Vital Statistics Form (SR-31): A state-required form for record-keeping.
If you have minor children, you must also include:
- Child Support Information Sheet (CS-47).
- Child Support Guidelines Form (CS-42): To calculate payments based on Alabama’s “Income Shares” model.
- Parenting Plan: Outlining custody and visitation schedules.
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Divorce Filing Fees and Costs
For 2026, the standard filing fee in Mobile County starts at $324.
- Additional Fees: Expect to pay more if you require the Sheriff’s office to serve papers (approx. $20–$30) or if you are filing complex custody motions.
- Fee Waivers: If you cannot afford the filing fees, you can file an “In Forma Pauperis” (Affidavit of Substantial Hardship) request with the Mobile County Circuit Clerk. If the judge approves it, your filing fees may be waived.
While the process is straightforward when both parties agree, the best way to avoid delays is to ensure every “i” is dotted and “t” is crossed before heading to Government Plaza.
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