Huntsville Dissolution of Marriage Records

Huntsville dissolution of marriage records are primarily filed at the Madison County Circuit Court. However, Huntsville is a multi-county city that extends into Limestone, Marshall, and Morgan counties. You must file in the county where you live, so check your address before filing.

Important: Huntsville Spans Multiple Counties

Huntsville is Alabama's largest city and one of the few that crosses county lines. The city limits extend into four different counties: Madison, Limestone, Marshall, and Morgan. This matters a great deal for divorce filings because you must file in the county where you actually live. Your Huntsville mailing address alone does not tell you which county court to use.

Most Huntsville residents live in Madison County. The city grew from there and most of the population still calls Madison County home. But the city has grown fast. New subdivisions in north Huntsville may fall in Limestone County. Parts of east Huntsville can be in Marshall County. Some western areas touch Morgan County. If you are not sure which county your home is in, check your property tax bill or call the Huntsville city clerk at (256) 427-5000.

Filing in the wrong county can cause delays. The court may reject your case or transfer it. You lose time and may pay extra fees. Before you start the divorce process in Huntsville, take a few minutes to verify your county. The Madison County GIS map tool at maps.madisoncountyal.gov can help you check if your address falls within Madison County lines.

Where to File for Divorce in Huntsville

Most Huntsville residents file for divorce at the Madison County Circuit Court. The courthouse is on the north side of the downtown square. The Circuit Clerk office handles all divorce filings and keeps records of completed cases. This is also where you go to get copies of divorce decrees.

The Madison County Courthouse sits at the heart of downtown Huntsville. Parking is available in nearby lots and on the street with meters. The courthouse has security screening at all entrances. Bring a valid photo ID when you visit. Leave large bags and banned items at home. The clerk staff can answer basic questions about filing, but they cannot give legal advice about your divorce case in Huntsville.

If you live in a part of Huntsville that falls in another county, you file at that county's circuit court instead:

• Limestone County Circuit Court: (256) 233-6427, 200 W Washington St, Athens
• Marshall County Circuit Court: (256) 571-7783, 424 Blount Ave, Guntersville
• Morgan County Circuit Court: (256) 351-4730, 302 Lee St NE, Decatur

How to Search Huntsville Divorce Records

You can search for divorce records in Huntsville online or at the courthouse. Online searches let you look up case info from home. In-person visits give you access to the full file and same-day copies. Both options cover divorce records going back years in the Madison County system.

AlacourtAccess is the statewide court records system. It covers Madison County and all other Alabama counties. You can search by party name or case number. A name search costs $9.99 and shows one case. Each extra case costs $9.99 more. To view documents, you pay $5.00 for the first 20 pages. Go to pa.alacourt.com to start your search for divorce records in Huntsville.

For a search, you need:

• Full name of at least one spouse
• Year the divorce was filed (if known)
• Case number (if you have it)

You can also go to the clerk office in person to search records. Staff can look up cases and make copies from the file. Certified copies cost more than plain ones. Call ahead at (256) 532-3380 to ask what you need. For electronic filing, use AlaFile at alafile.alacourt.gov to submit papers and track your case online.

If your divorce was filed in one of the other counties that Huntsville touches, you search that county's records instead. Each county keeps its own case files. A Madison County search will not show cases filed in Limestone, Marshall, or Morgan counties. You must search each county separately if you are not sure where a case was filed.

Divorce Filing Process in Huntsville

Huntsville residents follow Alabama state law for divorce filings. The steps are the same as the rest of the state, but you file at the court for the county where you live. Most Huntsville cases go through Madison County Circuit Court. Each filing creates records that become part of your case file.

First, you must meet the residency rule under Code of Alabama Section 30-2-5. At least one spouse must have lived in Alabama for six months before filing. You do not have to live in Huntsville for the full six months. You just need six months in the state. If you live in Huntsville now, you can file here.

You start by filing a divorce complaint at the Circuit Clerk office. The filing fee in Madison County is $286 for a basic divorce. Fees may be higher if children are part of the case. You can check current fees at the clerk office or on the court website. Next, you serve your spouse with the papers. You can use the sheriff, a private process server, or certified mail. Proof of service goes in the court file.

You must state grounds for divorce in your complaint. Under Code of Alabama Section 30-2-1, you can use no-fault grounds like incompatibility or irretrievable breakdown of the marriage. Most divorces in Huntsville use these. Fault grounds such as adultery or abandonment are options too but require proof.

Under Code of Alabama Section 30-2-8.1, there is a 30-day waiting period after filing. The court cannot sign the final decree until 30 days pass. You may ask for temporary orders during this time for custody, support, or use of the home. If both parties agree on all terms, you schedule a hearing after the wait. If not, the case may go to mediation or trial. The final decree ends the marriage and becomes a public record.

Huntsville Divorce Fees

Fees for divorce in Huntsville depend on which county you file in. Madison County fees apply to most Huntsville residents. The filing fee for a new divorce case is $286. Other actions have different costs. Fees can change, so call the clerk to check current rates before you file.

Common fees at Madison County Circuit Court:

• File a divorce complaint: $286.00
• Modify or enforce a decree: $302.00
• Default judgment motion: $50.00
• Sheriff service: $10.00
• Subpoena: $12.00
• Certified copies: varies by page count

If you cannot afford the fees, you may ask for a fee waiver. You file an In Forma Pauperis form with the court. Attach proof of your income. The judge will review and decide if you qualify. Low-income residents can often get fees waived or reduced.

Getting copies of existing divorce records has its own fees. Plain copies cost less than certified ones. The clerk can tell you the current rates when you visit or call. If you need records from Limestone, Marshall, or Morgan counties, those courts set their own fees which may differ from Madison County.

Legal Help for Divorce in Huntsville

Several groups offer help with divorce cases in Huntsville. Some give free legal aid to people with low income. Others charge a small fee for a first meeting. These resources can help you understand the law, fill out forms, or find a family law attorney.

Legal Services Alabama has an office in Huntsville that serves Madison County and the surrounding area. They give free legal help to people who qualify based on income. They focus on cases that involve domestic violence or child custody. Call (256) 536-9645 or the statewide line at (866) 456-4995 to ask about help with divorce in Huntsville. Spanish speakers can call (888) 835-3505. Visit legalservicesalabama.org for more info.

The Madison County Volunteer Lawyers Program helps low-income residents with family law cases at no cost. Contact them through Legal Services Alabama to see if you qualify. The Huntsville-Madison County Bar Association has a lawyer referral service that can connect you with local family law attorneys. The Alabama State Bar runs a statewide referral line at 1-800-392-5660.

The Madison County Law Library in the courthouse has free divorce forms and can help you find resources. Staff cannot give legal advice, but they can point you to the right forms and guides. For general help, Alabama Legal Help at alabamalegalhelp.org has guides for people handling their own divorce case in Huntsville.

Filing Without a Lawyer in Huntsville

Some Huntsville residents file for divorce on their own. This is a pro se filing. It works best when both spouses agree on all terms. The court does not give legal advice, but resources exist to help you file without a lawyer.

Alabama E-Forms at eforms.alacourt.gov has the court forms you need to file for divorce. The site has complaint forms, answer forms, and more. Madison County local forms are at the county forms page if you need them. All forms are free to download.

Alabama Legal Help at alabamalegalhelp.org has step-by-step guides for pro se filers. The site walks you through the process. If children are part of your case, you need forms CS-41 and CS-42 for child support calculations. The clerk can tell you what forms you need for your situation in Huntsville.

Uncontested divorces in Huntsville often finish in 30 to 60 days when both parties agree. Contested cases take longer and usually need a lawyer. If you have complex property, a business, or child custody disputes, consider getting legal help even if you plan to handle most of the case yourself.

Divorce Certificates in Huntsville

After a divorce is final in Huntsville, you may need a divorce certificate. This is different from the divorce decree. A certificate is a short document from the state health department that proves the divorce happened. A decree is the full court order with all the terms. Most legal uses need the decree, but some only need a certificate.

The Alabama Department of Public Health issues divorce certificates. You can get one from the Madison County Health Department in Huntsville. Walk-in service is often same-day. The fee is $15 for one certified copy. Extra copies cost $6 each. You can also order online through VitalChek at vitalchek.com for an added service fee. Call VitalChek at 1-888-279-9888 to order by phone.

For the full divorce decree, you get that from the Circuit Clerk where the case was filed. For most Huntsville residents, this is Madison County. The decree shows property division, custody, support, and all court orders. The certificate only shows basic facts like names, date, and county. Most people who need to prove their divorce will want the decree since it has more detail.

Divorce certificates from the health department cover divorces from 1950 to the present. For older records, contact the court where the divorce was filed. Records from before 1950 may be harder to find and might require a search of archived court files.

Madison County Divorce Records

Most of Huntsville falls within Madison County, and the majority of divorce filings go through the Madison County Circuit Court. The county handles cases for Huntsville and other cities in the county. For more details on the county court system, full fee lists, and other resources, visit the Madison County divorce records page.

View Madison County Divorce Records

Nearby Alabama Cities

These major Alabama cities are near Huntsville. Each has its own page with local divorce record information and court details.

• Birmingham - Jefferson County (about 100 miles south)
• Montgomery - Montgomery County (about 160 miles south)
• Mobile - Mobile County (about 340 miles south)