Search Madison Dissolution of Marriage
Madison dissolution of marriage records are filed at either Madison County or Limestone County Circuit Court. Madison spans both counties, so you must verify which county your address is in before filing.
Madison Quick Facts
Important: Madison Spans Two Counties
Madison is one of several Alabama cities that cross county lines. Part of Madison is in Madison County, and part is in Limestone County. This matters for divorce because you file at the court for the county where you live. Before you file for divorce in Madison, check your county first.
Your property tax bill shows your county. You can also check with the Madison City offices or look up your address on the county assessor websites. Most of Madison is in Madison County, but the western and northern parts of the city extend into Limestone County. Filing at the wrong court can delay your case.
If you are not sure which county you are in, call both courts and give them your street address. They can tell you which courthouse handles your area. This step takes a few minutes but saves problems later. Once you know your county, you file at that county's Circuit Court and all your divorce records stay there.
Madison County Circuit Court
Madison County handles divorce filings for most Madison residents. The courthouse is in Huntsville, about 10 miles from downtown Madison. Madison County is part of the 23rd Judicial Circuit. The Circuit Clerk office handles all family law filings, including divorce, custody, and support cases.
| Court | Madison County Circuit Court |
|---|---|
| Address | 100 Northside Square Huntsville, AL 35801 |
| Phone | (256) 532-3380 |
| Hours | Monday through Friday, 8:00 AM to 4:30 PM |
| Website | madisoncoclerk.com |
The Madison County Courthouse is on the historic downtown square in Huntsville. Parking garages and surface lots are nearby. The clerk office is on the first floor. Security screens all visitors. Bring a valid photo ID when you go to file divorce papers or get records. The drive from Madison to the Huntsville courthouse takes about 15 to 20 minutes depending on traffic.
Limestone County Circuit Court
Limestone County handles divorce filings for Madison residents who live in the Limestone County portion of the city. The courthouse is in Athens, about 15 miles northwest of Madison. Limestone County is part of the 39th Judicial Circuit.
| Court | Limestone County Circuit Court |
|---|---|
| Address | 200 West Washington Street Athens, AL 35611 |
| Phone | (256) 233-6406 |
| Hours | Monday through Friday, 8:00 AM to 4:30 PM |
| Website | limestone.alacourt.gov |
The Limestone County Courthouse sits on the town square in Athens. Free parking is available on surrounding streets and in nearby lots. The Circuit Clerk is on the second floor. Athens is a smaller court than Madison County, so lines are often shorter. The drive from the Limestone County side of Madison to Athens takes about 20 minutes.
How to Search Madison Divorce Records
You can search for divorce records online or in person. Since Madison spans two counties, you may need to search both courts to find a record if you do not know which county the person lived in. Both counties use the same state court records system.
AlacourtAccess covers all Alabama courts, including Madison County and Limestone County. You 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. Go to pa.alacourt.com to search.
To search divorce records for Madison residents, you need:
- Full name of at least one spouse
- The county where they lived (Madison or Limestone)
- Year the divorce was filed if known
- Case number if you have it
You can also visit either clerk office in person. Call ahead to confirm hours and ask what you need to bring. Madison County: (256) 532-3380. Limestone County: (256) 233-6406. Both courts can print copies from the file while you wait. Certified copies cost more than plain copies.
For electronic filing, Madison area residents use AlaFile at alafile.alacourt.gov. You can submit papers, pay fees online, and get notices by email. This works for both Madison County and Limestone County cases.
Divorce Filing Process in Madison
Madison residents follow Alabama state law when filing for divorce. The rules are the same whether you file in Madison County or Limestone County. The key is to file at the right court based on your address. Each step 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 be a Madison resident for the full six months. You just need to be an Alabama resident. If you moved to Madison recently from another Alabama city, you can still file here.
You file the divorce complaint at the Circuit Clerk office for your county. Filing fees run about $275 to $300 for a basic divorce case. Fees can be higher for cases with children or when modifications are needed. Call your court to check current fees. Next, you serve your spouse with the papers. Use the sheriff, a private server, or certified mail. Proof of service goes in the file.
Under Code of Alabama Section 30-2-1, you must state grounds for divorce in your complaint. Most Madison residents use no-fault grounds: "incompatibility" or "irretrievable breakdown of the marriage." Fault grounds like adultery or abandonment are options but require proof. No-fault is simpler and faster in most cases.
There is a 30-day waiting period after filing. Under Code of Alabama Section 30-2-8.1, the court cannot sign the final decree for 30 days. You can request temporary orders during this time for custody, support, or use of property. If both spouses agree on all terms, schedule a final hearing after the wait. If not, the case may go to mediation or trial.
Uncontested divorces in Madison often wrap up in 30 to 60 days. Contested cases take longer. The final decree ends the marriage and becomes a public record. Both parties get copies, and the court keeps the original on file.
Madison Divorce Fees
Fees depend on which county you file in. Madison County and Limestone County set their own fee schedules. Both charge similar amounts for basic filings. Call your court to get exact current fees before you file.
Typical fees for divorce in the Madison area:
- File a divorce complaint: $275 to $300
- Modify or enforce a decree: $300 or more
- Default judgment motion: $50
- Sheriff service: $10 to $15
- Subpoenas: $12
If you have low income, you may ask for a fee waiver. File an In Forma Pauperis form with your complaint. Include proof that you cannot pay: pay stubs, bank statements, or proof of public benefits. The judge reviews your request. If approved, the waiver covers court fees but not all costs.
Copy fees apply when you get divorce records. Plain copies cost less than certified ones. Certified copies have the clerk seal and work for official purposes. Both courts can tell you their copy fees when you call.
Legal Help for Divorce in Madison
Several groups offer legal help for Madison residents going through a divorce. Some provide free services to people with low income. Others offer reduced-fee consultations. These resources can help you understand the process, fill out forms, or find an attorney.
Legal Services Alabama serves the Madison area through their Huntsville office. They give free legal help to people who qualify based on income. They focus on cases with domestic violence, child custody disputes, and people in crisis. Call (256) 536-9645 or the toll-free line at (866) 456-4995. The website at legalservicesalabama.org has more information.
The Madison County Bar Association runs a lawyer referral program. The Alabama State Bar has a statewide referral line at 1-800-392-5660. The first meeting with a referred attorney costs a set fee, typically $50 for 30 minutes. This lets you ask about your case before you commit to hiring anyone.
Alabama Legal Help at alabamalegalhelp.org has free guides and forms for people filing without a lawyer. The site walks you through the steps and helps you fill out papers correctly. It is a good resource for uncontested divorces where both spouses agree on the terms.
Filing Without a Lawyer in Madison
Some Madison residents handle their own divorce without hiring an attorney. 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, debts, or children. The court cannot give legal advice, but resources exist to help you through the process.
Alabama E-Forms at eforms.alacourt.gov has all the court forms you need. Download the complaint form, answer form, and other required papers. Fill them out, sign them, and file at your county clerk office. All forms are free. Print them at home or at a library.
If children are part of your case, you need child support forms. Forms CS-41 and CS-42 calculate support based on both parents' income. These are required in all cases with minor children. The clerk can tell you exactly which forms to file. Both Madison County and Limestone County use the same state forms.
Mediation can help when spouses disagree on some terms. A mediator helps both sides reach an agreement without going to trial. Courts often refer contested cases to mediation. It can save time and money compared to a full trial. Ask your court about mediation services in the Madison area.
Divorce Certificates in Madison
After a divorce is final, you may need a divorce certificate. This is different from the 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 terms, including property division, custody, and support.
The Alabama Department of Public Health issues certificates. You can get one from the Madison County Health Department in Huntsville or the Limestone County Health Department in Athens, depending on where the divorce was filed. The fee is $15 for one certified copy. Extra copies at the same time are $6 each.
You can also order online through VitalChek at vitalchek.com. They charge a service fee on top of the state fee. Call 1-888-279-9888 to order by phone. Online orders ship to your address in a few business days.
For the full divorce decree, contact the Circuit Clerk where the divorce was filed. The decree has all the details the certificate lacks. Most legal and financial matters need the decree rather than just the certificate. The clerk can make certified copies of the decree for a fee.
Divorce certificates from the health department are available for divorces from 1950 to the present. For older records, contact the Circuit Clerk office directly.
County Divorce Records
Madison spans two counties, so your divorce records are in one of two places. Check which county your address is in, then visit that county page for more details on the court system, full fee lists, and other resources.
View Madison County Divorce Records View Limestone County Divorce Records
Nearby Cities
Madison is part of the Huntsville metropolitan area in north Alabama. Other major cities in the region include:
- Huntsville - Madison County seat, largest city in the area
- Decatur - About 25 miles southwest in Morgan and Limestone Counties