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Alabama Divorce Records.

The Alabama Department of Public Health (ADPH) acts as the key keeper of divorce records in Alabama for splits that happened from 1950 forward. The Center for Health Statistics under ADPH holds these documents and hands out certified copies to eligible requesters.

To get a divorce certificate from ADPH, you can send in a request online via VitalChek, by mail, or in person at any county health department in Alabama. The charge for a divorce certificate search is $15, which includes one certified copy if found. Additional copies bought at the same time cost $6 each. When mailing, include a finished Vital Records Request Application form along with payment to:

Alabama Vital Records
P.O. Box 5625
Montgomery, AL 36103-5625

For divorces from before 1950, records are held by the circuit court in the county where the split was granted. The Alabama Department of Archives and History may also keep older divorce records in their collections.

County-Level Resources

Mobile County Probate Court

The Mobile County Probate Court has an online record lookup tool called Landmark WEB. This system lets you access various public records, including marriage records, which can aid in divorce searches. While divorce records themselves aren’t directly available through this system, linked documents may still offer valuable clues.

Jefferson County Circuit Clerk’s Office

Jefferson County, which houses Birmingham, holds divorce records through the Circuit Clerk’s Office. People can contact the office for guidance on obtaining divorce records. The Jefferson County Court System website lists contact information and general advice on court records.

Madison County Circuit Clerk

For divorces in Madison County, including Huntsville, the Circuit Clerk’s office manages record requests. Though they don’t provide an online search tool for divorce records, people can still reach out to the office for help retrieving divorce certificates or linked papers.

Montgomery County Circuit Court

The Montgomery County Circuit Court holds divorce records for cases under its watch. People should reach out to the court directly for information on how to get copies of divorce records. The Alabama Unified Judicial System site provides contact info for the Montgomery County Circuit Court.

Tuscaloosa County Circuit Clerk

Divorce records in Tuscaloosa County are held by the Circuit Clerk’s office. People should contact the office for details on getting copies of divorce records or related documents.

Making Requests When Databases Aren’t Available

When online databases aren’t available or don’t have the needed info, people might need to send mail-in or in-person requests to the right county circuit court. Here’s a rough guide for making such requests:

Figure out which county granted the divorce.
Get in touch with the circuit court clerk’s office in that county for steps to follow.
Draft a written request including as much info as possible about the divorce, such as:
- Full names of both sides before first marriage
- Date of divorce (give an estimate if unsure of the exact date)
- County where the divorce was granted
- Your name and contact details
Include payment for any required fees (ask the specific court for up-to-date fees).
Mail or take the request to the right circuit court clerk’s office.

Alternative Search Methods

Third-Party Record Services

Several commercial services offer divorce record searches in Alabama. While these can be handy, it’s key to know that they might not have access to all official records, and their information might not always be up-to-date. Always cross-check information found through third-party services with official sources.

Genealogical Societies

The Alabama Genealogical Society and county-based genealogical societies can be solid resources for older divorce records. These groups often keep databases or know about local record collections that might not be easy to find online.

Introduction to Alabama Divorce Records

Divorce records in Alabama act as formal proof of the dissolution of a marriage. These records are kept by various state and county agencies, especially the Alabama Department of Public Health (ADPH) and the circuit courts in each area. Divorce records serve many roles, from offering legal evidence of marital status to aiding genealogical digs and demographic studies.

The preservation and access of divorce records in Alabama are guided by multiple state laws, including the Alabama Public Records Law (Code of Alabama §36-12-40) and the Alabama Rules of Civil Procedure. These laws ensure that divorce records are typically open to the public while also providing methods for shielding sensitive data when required.

Types of Alabama Divorce Records

Divorce Certificates

Divorce certificates are brief documents that confirm the completion of a divorce. They usually list basic details such as the names of the parties, the date of the divorce, and the county where the divorce took place. The ADPH issues these certificates for divorces from 1950 onward. These papers are often enough for various legal and administrative needs, like proving marital status for remarriage or name updates.

Divorce Decrees

Divorce decrees are more in-depth papers containing the final judgment of the court. These records detail the terms of the divorce, including property division, alimony, and child custody if necessary. Divorce decrees are typically stored with the circuit court in the county where the divorce was granted, offering a thorough account of the court’s decision.

Divorce Case Files

Divorce case files are the most exhaustive records, including all documents filed during the divorce process. These may involve petitions, responses, affidavits, and other legal documents presented to the court. Case files present a full history of the divorce and are usually kept by the circuit court where the divorce was handled. Access may be more limited due to the private nature of the information.

Information Contained in Alabama Divorce Records

Alabama divorce records usually include a wealth of data about the parties involved and the circumstances of their split. The content may differ based on the type of record (certificate, decree, or case file) and the specifics of the case. Generally, divorce records in Alabama might include:

Full names of both parties
Date and location of marriage
Date of divorce
Reasons for divorce
Division of assets and property
Alimony agreements (if applicable)
Child custody and support details (if applicable)
Names and birthdates of any children

It’s important to note that the level of detail available in publicly accessible records might be limited to guard the privacy of those involved, especially in cases concerning minors or sensitive information.

Legal Framework for Divorce Records in Alabama

Public Access Laws

Access to divorce records in Alabama is mainly governed by the Alabama Public Records Law (Code of Alabama §36-12-40). This law ensures that people have the right to view public records, including divorce documents. The idea behind this law is to promote transparency in governmental actions and to allow individuals to gather information about legal matters that might affect them.

There are limits to this right of access. Some restrictions exist to protect individual privacy and sensitive information. For instance, Code of Alabama §30-3-194 provides for the confidentiality of certain records connected to child support, which could affect the access to some divorce-related documents.

Restrictions on Access

Although divorce records are usually public, certain restrictions on access exist to protect privacy. The Alabama Rules of Civil Procedure, particularly Rule 26(c), allow for protective orders that might restrict access to sensitive data in divorce matters. This rule offers a way for parties to ask that certain info be sealed or removed from public view if its exposure would cause unnecessary harm or embarrassment.

Also, Code of Alabama §12-21-3.1 allows for the sealing of court records under specific conditions, which could apply to divorce cases dealing with public safety or other sensitive matters.

Historical Context of Alabama Divorce Records

Early Divorce Proceedings

In the early 1800s, divorces in Alabama were granted by the legislature, circuit courts, and city courts. This history helps explain how divorce procedures developed in the state. The process was often lengthy and different depending on the area, making the tracking and management of divorce records tricky during that period.

Establishment of Statewide Registration

A major step in standardizing divorce records in Alabama came in 1950 when statewide registration of divorces started. This shift, put into place by the Alabama Department of Public Health, marked a move toward more centralized and consistent record-keeping. For divorces granted from 1950 onward, the ADPH became the main custodian of divorce certificates, while more detailed records stayed with the circuit courts.

Importance and Uses of Divorce Records

Legal Purposes

Divorce records serve as proof of a marriage’s end, which is vital for many legal reasons. These records might be needed for:

Remarriage
Property deals
Estate handling
Name changes
Proving eligibility for benefits or programs

The legal weight of divorce records is supported by statutes like Code of Alabama §30-2-8, which discusses the effect of divorce decrees on property and other legal matters.

Genealogical Research

These records are crucial for people looking into family trees, providing key details about family relationships. Genealogists and historians often rely on divorce records to:

Follow family histories
Grasp family dynamics
Confirm dates and locations of key life events

Statistical Analysis

Divorce records are vital for demographic studies and social research, giving insights into marriage and divorce trends in Alabama over time. Government groups and scholars use this information to:

Analyze social trends
Shape policy choices
Study the effects of social shifts on family structures

Confidentiality and Privacy Considerations

Although divorce records are generally open to the public, some information may be removed or sealed to protect privacy, especially in cases involving minors or sensitive details. Balancing public access and privacy protection remains a concern in managing divorce records.

Courts can issue protective orders under Rule 26(c) of the Alabama Rules of Civil Procedure to restrict access to certain info in divorce matters. Additionally, Code of Alabama §12-21-3.1 allows for sealing court records under specific conditions, which could apply to divorce cases involving sensitive topics.

Alabama Divorce Laws and Procedures

Grounds for Divorce

Alabama allows for both fault-based and no-fault divorces. Understanding these reasons gives context for the details in divorce records. The Code of Alabama §30-2-1 outlines the reasons for divorce in the state, including:

Incompatibility
Irretrievable breakdown of the marriage
Cheating
Abandonment
Jail time
Substance abuse
Permanent insanity

The specific reasons mentioned in a divorce case might affect the content and availability of the resulting records.

Divorce Process in Alabama

The divorce process in Alabama usually involves a series of steps, each creating records that may become part of the divorce file:

Filing the divorce petition
Serving the other spouse
Getting a response
Discovery (if contested)
Negotiation or mediation
Trial (if needed)
Issuing the final decree

Understanding this process helps in grasping the creation and content of divorce records. The Alabama Judicial System provides tools and information on the divorce process, which can help interpret the records made during the proceedings.

FAQ

How far back do Alabama divorce records go?
Statewide registration of divorces started in 1950. Records from before 1950 are held at the county level.
What info do I need to request a divorce record?
Provide full names of both sides, the date of divorce, and the county where the divorce was granted.
How much does it cost to get a divorce record in Alabama?
The state fee is $15 for a search and one certified copy. County fees might vary.
Can I get a copy of someone else’s divorce record?
Yes, divorce records in Alabama are usually public records.
How long does it take to get a divorce record after asking for it?
Processing times vary. Fast services are available for an added fee.
Are Alabama divorce records public?
Yes, most divorce records are public, but some details might be restricted.
What’s the difference between a divorce decree and a divorce certificate?
A divorce decree has detailed info about the divorce terms, while a certificate just says that a divorce happened.
Can I request an Alabama divorce record if I live out of state?
Yes, out-of-state requests are accepted via mail or online services.
Are fast-track services available for urgent requests?
Yes, ADPH offers faster processing for an added fee.
What should I do if I can’t find a divorce record in the expected county?
Double-check the divorce location and date. If still no luck, contact the Alabama Department of Archives and History for help with older records.