Montgomery Dissolution of Marriage Records

Montgomery dissolution of marriage records are filed at the Montgomery County Circuit Court. As the state capital, Montgomery has about 196,000 residents and serves as the seat of Montgomery County. All divorce cases for city residents go through the 15th Judicial Circuit. The Circuit Clerk at the Phelps-Price Justice Center keeps all divorce files and issues copies of final decrees.

Where to File for Divorce in Montgomery

Montgomery residents file for divorce at the Montgomery County Circuit Court. The court is at the Phelps-Price Justice Center at 251 S Lawrence Street in downtown Montgomery. This building serves as the main courthouse for all civil and domestic cases in the county. The Circuit Clerk office handles divorce filings, keeps case records, and makes copies of decrees for people who need them.

The Phelps-Price Justice Center is a modern facility in the heart of Montgomery. It sits near the Alabama State Capitol building and other state government offices. Parking is available in nearby lots and on the street with meters. Plan to arrive early since the clerk office can get busy. Security screens all visitors at the entrance, so bring a valid ID and leave large bags at home. The clerk staff can help you find divorce records or start a new case in Montgomery.

Montgomery County is part of the 15th Judicial Circuit. This circuit covers only Montgomery County, which means all judges focus on cases from the county alone. Divorce cases are heard by circuit judges who handle domestic relations matters. Some cases go to family court if children are part of the case. The clerk office can tell you which judge has your case and when hearings are set in Montgomery.

How to Search Montgomery Divorce Records

You can search for divorce records in Montgomery online or by visiting the clerk office in person. Online searches are fast and work well when you need basic case info. In-person visits let you see the full case file and get certified copies the same day. Both methods give you access to divorce records going back many years in Montgomery County.

AlacourtAccess is the state court records system for Alabama. It covers Montgomery County and lets you search by name or case number. A name search costs $9.99 and shows one case in full. If you find more cases, each one costs $9.99 extra to view. Document images cost $5.00 for the first 20 pages. This is a quick way to find divorce records in Montgomery from your home or office. Go to pa.alacourt.com to start searching.

To search divorce records in Montgomery, you should have:

• Full name of at least one spouse
• Approximate year the divorce was filed or finalized
• Case number if you have it from prior court papers

The clerk office at the Phelps-Price Justice Center can search divorce records for you if you visit in person. Staff will look up cases by name or number and pull the file. You can review the file and ask for copies of any pages you need. Certified copies cost more than plain ones but are needed for legal matters. Call (334) 832-1260 to ask what you need to bring. For new filings, Montgomery residents can use AlaFile at alafile.alacourt.gov to submit divorce papers and get court notices online.

Montgomery County also has a public access terminal inside the clerk office. You can use this to search court records at no cost while you are there. The terminal shows case info but does not print copies. Staff can make copies for you once you find what you need. This is a good option if you want to search several names without paying online fees first in Montgomery.

Historical Divorce Records in Montgomery

Montgomery has divorce records going back over 150 years. As the state capital since 1846, the city has a long history of court activity. Older divorce records may not be in the current court system. For records before electronic filing started, you may need to check with the clerk about paper archives in Montgomery.

FamilySearch has an index of Montgomery County divorce records from 1870 to 1950. This free database covers about 80 years of historical cases. You can search by name at familysearch.org to find basic info about old divorce cases in Montgomery. The index shows names, dates, and some case details. It does not have full document images, but it tells you what to ask for when you contact the clerk.

The Alabama Department of Archives and History in Montgomery also has historical court records. Their collection includes some divorce files from the 1800s and early 1900s. The archives building is at 624 Washington Avenue, near the state capitol. Call (334) 242-4435 to ask about historical divorce records before you visit. Some records have been digitized, but many are still on paper only in Montgomery.

Divorce Filing Process in Montgomery

Montgomery residents follow Alabama state law when filing for divorce. The process is the same across the state, but you file at the court that covers your area. Since Montgomery is the county seat, you file at the Montgomery County Circuit Court. Each step creates records that go in your case file, and you can get copies of any document once it is filed.

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 Montgomery itself for the full six months. Living anywhere in Alabama counts. If you live in Montgomery now, you can file here even if you moved from another part of the state recently.

You file the divorce complaint at the Circuit Clerk office. The filing fee in Montgomery County is $249 for a basic divorce case. This is higher than some other counties in Alabama. Fees go up if children are involved or if you need to modify a decree later. You can ask the clerk for a current fee schedule. After filing, you must serve your spouse with the papers. The Montgomery County Sheriff can serve papers for a fee. You can also use a private process server or certified mail in some cases.

You must state grounds for divorce in your complaint. Under Code of Alabama Section 30-2-1, Montgomery residents can use no-fault grounds like incompatibility or irretrievable breakdown of the marriage. Most divorces in Montgomery use one of these since they are simpler to prove. Fault grounds like adultery, abandonment, or cruelty are also options but need more evidence.

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

Montgomery Divorce Fees

Fees for divorce in Montgomery are set by the county and apply to all cases filed at the Circuit Court. The cost to start a new divorce case is $249. This includes the basic filing fee and court costs. Other actions in your case may cost more. Fees can change from year to year, so check with the clerk at (334) 832-1260 for current rates before you file in Montgomery.

Common fees for divorce matters in Montgomery include:

• File a divorce complaint: $249.00
• Modify or enforce a decree: $302.00
• File a motion: $50.00
• Sheriff service of papers: $10.00 to $25.00
• Certified copy of a document: varies by page count
• Subpoena fees: $12.00

If you have low income, you may qualify for a fee waiver in Montgomery. You file an In Forma Pauperis petition with the court. This form asks about your income, assets, and expenses. You must show that paying the fees would be a hardship. The judge reviews your request and decides if you qualify for reduced or waived fees in Montgomery. The clerk can give you the form to fill out.

Legal Help for Divorce in Montgomery

Several groups offer help with divorce cases in Montgomery. Some give free legal aid to people with low income. Others offer a first meeting at a low cost so you can learn your options. These resources can help you understand the law, fill out court forms, or find a family law attorney in Montgomery.

Legal Services Alabama has an office in Montgomery that serves the River Region. They give free legal help to people who qualify based on income. They handle divorce cases, especially those that involve domestic violence. Call (334) 264-1471 to ask about services in Montgomery. The main toll-free line is (866) 456-4995. Spanish speakers can call (888) 835-3505. Visit legalservicesalabama.org for more info on programs that serve Montgomery.

The Montgomery County Bar Association runs a lawyer referral service. Call (334) 265-0222 to ask about divorce attorneys who offer low-cost first meetings. The Alabama State Bar has a statewide referral line at 1-800-392-5660. They can connect you with family law attorneys who practice in Montgomery. The Montgomery County Law Library inside the courthouse has free divorce forms and legal resources. Staff can help you find what you need but cannot give legal advice.

Alabama Legal Help at alabamalegalhelp.org has free guides for people handling divorce without a lawyer. The site walks you through the process step by step. You can learn what forms you need, what to expect in court, and how to protect your rights in Montgomery.

State Capital Resources in Montgomery

Being the state capital gives Montgomery residents access to some resources not found in other cities. The Alabama Judicial Building is here, which houses the Alabama Supreme Court and other state courts. The Administrative Office of Courts headquarters is in Montgomery and manages the statewide court record systems. If you have trouble with AlacourtAccess or AlaFile, their main office is here in the capital.

The Alabama Law Institute at the University of Alabama School of Law publishes official forms and legal guides. Their materials are used statewide. The Alabama Department of Human Resources has its central office in Montgomery at the Gordon Persons Building on Union Street. They handle child support enforcement cases. If child support is part of your divorce in Montgomery, you may deal with this office or their local unit.

The Alabama Coalition Against Domestic Violence has its main office in Montgomery. Call (334) 832-4842 for help if domestic violence is part of your situation. Family Sunshine Center serves the Montgomery area with shelter, counseling, and legal help for abuse victims. Call their 24-hour hotline at (334) 206-2100. These groups can help connect you with protective orders and safe resources during a divorce in Montgomery.

Filing Without a Lawyer in Montgomery

Some Montgomery residents file for divorce on their own without hiring 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, children, or support. The court does not give legal advice, but several resources can help you handle your own case in Montgomery.

Alabama E-Forms at eforms.alacourt.gov has all the court forms you need to file for divorce in Montgomery. The site has complaint forms, answer forms, and papers for temporary orders. Montgomery County may have local forms too. Check with the clerk to make sure you use the right ones. All state forms are free to download and print.

If children are part of your case, you need extra forms for child support. Forms CS-41 and CS-42 are required under Alabama law. These calculate support based on both parents' income. You must fill them out and file them with your divorce papers in Montgomery. The clerk can tell you what other forms you need for your specific case.

Uncontested divorces are faster than contested ones. If you and your spouse agree on everything, you can often finish in 30 to 60 days after filing. Contested cases take much longer and may require a trial. Some couples use mediation to work out disagreements before trial. Montgomery has several family mediators who specialize in divorce cases. The court can order mediation if you cannot agree on custody or property issues.

Divorce Certificates in Montgomery

After a divorce is final in Montgomery, 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 took place. A decree is the full court order with all terms. Most legal matters need the decree, but some only ask for a certificate.

The Alabama Department of Public Health issues divorce certificates. The Montgomery County Health Department at 3060 Mobile Highway can help local residents get certificates. Walk-in service is often same-day. The state fee is $15 for one certified copy. Extra copies cost $6 each. You can also order online through VitalChek at vitalchek.com, but they add a service fee on top.

For the full divorce decree with all terms, you get that from the Circuit Clerk in Montgomery. The decree shows property division, custody, support orders, and all other court rulings. The certificate only shows basic facts: names, date, and county where the divorce was granted. Most people who need to prove their divorce will want the decree since it has more detail than a certificate from the health department.

Note: The health department has divorce certificates from 1950 to present. For older divorces in Montgomery, check the historical indexes at FamilySearch or contact the clerk office directly.

Montgomery County Divorce Records

Montgomery is the county seat of Montgomery County, and all divorce filings go through the Montgomery County Circuit Court. The county court handles cases for the city and surrounding areas. For more info on the county court system, full fee lists, historical records, and other resources, visit the Montgomery County divorce records page.

View Montgomery County Divorce Records

Nearby Alabama Cities

Montgomery is in central Alabama. Other major cities with populations over 100,000 are within a few hours drive. If you are looking for divorce records in another area or need to file in a different county, these city pages may help.

• Birmingham - about 90 miles north in Jefferson County
• Huntsville - about 180 miles north in Madison County
• Mobile - about 170 miles southwest in Mobile County
• Tuscaloosa - about 100 miles northwest in Tuscaloosa County