Find Dissolution of Marriage in Birmingham
Birmingham dissolution of marriage records are filed at the Jefferson County Circuit Court. Birmingham is the county seat and the largest city in Jefferson County with about 195,000 residents. All divorce cases for Birmingham go to the Birmingham Division of the Circuit Court. The Circuit Clerk keeps all divorce files and gives out copies of decrees.
Birmingham Quick Facts
Where to File for Divorce in Birmingham
Birmingham residents file for divorce at the Jefferson County Circuit Court, Birmingham Division. The court is at the Jefferson County Courthouse in downtown Birmingham at 716 Richard Arrington Jr. Blvd N. The Circuit Clerk office is in Room 400. This is where you file new cases and get copies of divorce records in Birmingham. Jefferson County has two court divisions, but Birmingham uses only the Birmingham Division since it is on the east side of the county.
| Court | Jefferson County Circuit Court, Birmingham Division |
|---|---|
| Address | 716 Richard Arrington Jr. Blvd N, Room 400 Birmingham, AL 35203 |
| Phone | (205) 325-5355 |
| Hours | Monday through Friday, 8:00 AM to 4:30 PM |
| Website | jeffersoncircuitclerk.alacourt.gov |
The courthouse is in downtown Birmingham near city hall. Street parking has meters. There are parking garages nearby if you need to stay longer. MAX Transit bus routes serve the downtown area, so you can reach the court without a car. Security checks all visitors at the entrance, so bring a valid photo ID and leave large bags at home when you go to get divorce records in Birmingham.
How to Search Birmingham Divorce Records
You can search for divorce records in Birmingham online or in person at the courthouse. Online searches work well when you just need basic case info like dates and party names. In-person visits let you see the full case file and get certified copies the same day. Both ways give you access to divorce records going back many years in Birmingham.
AlacourtAccess is the state court records system that covers all of Jefferson County, including Birmingham. You can search by name or case number. A name search costs $9.99 and includes one case detail. Extra cases cost $9.99 each. To see document images, you pay $5.00 for the first 20 pages. This is a fast way to find divorce records in Birmingham without leaving home. Go to pa.alacourt.com to start your search.
To search divorce records in Birmingham, you need:
- Full name of at least one spouse
- Year the divorce was filed
- Case number if you know it
You can also visit the clerk office in person to search divorce records in Birmingham. Staff can look up cases by name or case number and make copies from the file. Certified copies cost more than plain ones. Call ahead at (205) 325-5355 to ask what you need to bring. For electronic filing, Birmingham residents can use AlaFile at alafile.alacourt.gov to submit papers and get notices online.
Divorce Filing Process in Birmingham
Birmingham residents follow Alabama state law when filing for divorce. The process is the same across the state, but you must file at the right court. Since Birmingham is in Jefferson County, you file at the Jefferson County Circuit Court. Each step creates records that become part of your case file, and you can get copies of any paper once it is filed in Birmingham.
First, you must meet the residency rule under Code of Alabama § 30-2-5. At least one spouse must have lived in Alabama for six months before filing. You do not have to be a Birmingham resident for the full six months. You just need to be an Alabama resident. If you live in Birmingham now, you can file here even if you moved from another part of the state.
You file the divorce complaint at the Circuit Clerk office in Birmingham. The filing fee is $199 for a basic divorce case. Fees go up if children are involved or if you need changes to a decree later. You can see the full list of fees at jefferson.alacourt.gov. Next, you must serve your spouse with the papers. You can use the Jefferson County Sheriff for $10, a private server, or certified mail. Proof of service goes in the court file in Birmingham.
You must state your grounds for divorce in the complaint. Under Code of Alabama § 30-2-1, Birmingham residents can file using no-fault grounds like "incompatibility" or "irretrievable breakdown." Most divorces in Birmingham use one of these. Fault grounds like adultery or abandonment are also options but harder to prove.
Under Code of Alabama § 30-2-8.1, there is a 30-day waiting period after you file for divorce in Birmingham. The court cannot sign the final decree until 30 days pass. During this time, you may ask for temporary orders on custody, support, or who uses the home. If both parties agree on all terms, you schedule a final hearing after the wait. If not, the case may go to mediation or trial in Birmingham. The final decree ends the marriage and becomes a public record under Code of Alabama § 36-12-40.
Note: Uncontested divorces in Birmingham often take 30 to 60 days from filing to final decree.
Birmingham Divorce Fees
Fees for divorce in Birmingham are set by Jefferson County and apply at the Birmingham Division courthouse. The cost to start a new divorce case is $199. Other court actions cost more. Fees can change from time to time, so it is a good idea to call the clerk at (205) 325-5355 to check the current rates before you file in Birmingham.
The main fees for divorce in Birmingham are:
- File a divorce complaint: $199.00
- Modify or enforce a decree: $302.00
- Default judgment motion: $50.00
- Sheriff service: $10.00
- Subpoenas: $12.00
If you have low income, you may ask for a fee waiver in Birmingham. You file an In Forma Pauperis form with the court. You must show proof that you cannot pay the fees. The judge reviews your request and decides if you qualify. Getting copies of existing divorce records in Birmingham has its own fees. Plain copies cost less than certified ones. Call the clerk to ask about current copy costs for divorce records in Birmingham.
Legal Help for Divorce in Birmingham
Several groups offer help with divorce cases in Birmingham. Some give free legal aid to people with low income. Others offer a first meeting at a reduced cost. These resources can help you understand the law, fill out court forms, or find a family law attorney in Birmingham.
Legal Services Alabama has its main office in Birmingham and serves all of Jefferson County. They give free legal help to people who qualify based on income. They focus on divorce cases that involve domestic violence. Call (205) 328-3540 or the toll-free line at (866) 456-4995 to ask about help with divorce in Birmingham. Spanish speakers can call (888) 835-3505. Their website at legalservicesalabama.org has more info on the services they offer in Birmingham.
The Birmingham Volunteer Lawyers Program helps low-income residents with divorce, child support, and custody cases at no cost. Call (205) 250-5198 to check if you qualify. The Birmingham Bar Association runs a lawyer referral line at (205) 251-8006 where the first meeting costs up to $50 for 30 minutes. The Alabama State Bar has a statewide referral line at 1-800-392-5660. The Jefferson County Law Library in the courthouse has free divorce forms and staff who can help you find what you need in Birmingham. Call (205) 325-5628 or visit lawlib.jccal.org.
Birmingham Community Resources
The City of Birmingham offers resources that may help during a divorce. These are not legal services, but they can help with related needs like child care, housing, and crisis support. Many people going through a divorce in Birmingham face challenges beyond the court case itself. These city programs can fill in some of the gaps.
The Birmingham Community Services Resources Directory covers:
- Child care centers and aid programs
- Child protective services contacts
- Child support help and enforcement
- Domestic violence legal services
- Domestic violence shelters
- Crisis hotlines
- Counseling services
Find more at birminghamal.gov. The Birmingham Community Development Department works with partner groups like the Birmingham Urban League, Legal Services of Alabama, YWCA Central Alabama, and the Fair Housing Center. For crisis help, call the Crisis Center Birmingham at (205) 323-7777 any time of day or night. The YWCA Central Alabama at (205) 322-9922 helps people in domestic violence situations in Birmingham.
Filing Without a Lawyer in Birmingham
Some Birmingham residents file for divorce on their own without a lawyer. This is called a pro se divorce. It works best when both spouses agree on all terms and there are no complex issues with property or children. The court does not give legal advice, but several resources can help you handle your own divorce case in Birmingham.
Alabama E-Forms at eforms.alacourt.gov has all the court forms you need to file for divorce in Birmingham. The site has complaint forms, answer forms, and all the other papers the court asks for. Jefferson County local forms are at this page if you need forms that are specific to Birmingham. All forms are free to download and print.
Alabama Legal Help at alabamalegalhelp.org has step-by-step guides for people filing without a lawyer in Birmingham. The site walks you through the process and helps you fill out forms. If children are part of your case, you need extra forms for child support. Forms CS-41 and CS-42 are required and calculate support based on both parents' income. The clerk can tell you what forms you need to file for divorce in Birmingham.
Divorce Certificates in Birmingham
After a divorce is final in Birmingham, you may need a divorce certificate. This is not the same as the divorce decree. A certificate is a shorter document from the state health department that proves the divorce took place. A decree is the full court order with all the terms. Most legal matters need the decree, but some only need a certificate.
The Alabama Department of Public Health issues divorce certificates. You can get one from the Jefferson County Health Department in Birmingham where walk-in service is often same-day. The fee is $15 for one certified copy, and extra copies cost $6 each. You can also order online through VitalChek at vitalchek.com, which adds a service fee on top of the state fee. Call VitalChek at 1-888-279-9888 to order by phone.
For the full divorce decree with all the terms, you get that from the Circuit Clerk in Birmingham. The decree shows property division, custody, support, and all court orders. The certificate only shows basic facts: names, date, and county. Most people who need to prove their divorce in Birmingham will want the decree since it has more detail than a certificate.
Note: Divorce certificates from the health department are available for divorces from 1950 to the present day in Birmingham.
Jefferson County Divorce Records
Birmingham is in Jefferson County, and all divorce filings go through the Jefferson County Circuit Court. The county court handles cases for over 35 cities and towns, with Birmingham being the largest. For more on the county court system, full fee lists, related records, and other resources, visit the Jefferson County divorce records page.