How is property divided in Montgomery County divorces?

Alabama follows equitable distribution rules. The court divides marital property fairly based on various factors including marriage length, contributions, and financial circumstances. Montgomery County Circuit Court applies Alabama law to property division.

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"The Most Trusted

Name in Online Divorce"

Exclusive

Online Divorce Partner

Best

Online Divorce Service

ADVISOR

We offer an online guided path through divorce that helps couples avoid unnecessary conflict and costs.

Start your divorce

See if this is right for me

Written By:

Divorce.com Staff

Real Answers. Real Support.

We're here to guide you through every step of divorce — whether you're just starting to explore your options or ready to take the next step. Our blog offers expert insights, practical tips, and real-life stories to help you move forward with clarity and confidence.

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Montgomery County Divorce Guide: Filing in Montgomery, Alabama

Q: How much does divorce cost in Montgomery County?

Filing fees in Alabama vary by county. Uncontested divorces using online services cost $500-$2,000 plus filing fees. Attorney-handled divorces range from $2,000-$6,000 for uncontested cases to $10,000-$50,000+ for contested cases in Montgomery County.

Q: Do I need a lawyer to get divorced in Montgomery County?

No, Alabama allows self-representation in divorce cases. However, attorney representation is recommended for contested custody, significant assets, or business ownership. Simple uncontested divorces in Montgomery County often work well with online service assistance.

Q: Can I file for divorce in Montgomery County if my spouse lives elsewhere?

Yes, as long as you meet Alabama's residency requirement of 6 months, you can file for divorce in Montgomery County even if your spouse lives in another county or out of state.

Montgomery County handles divorce cases through the Circuit Court. Whether you live in Montgomery or another Montgomery County community, this guide provides everything you need to know about filing for divorce in Montgomery County.

Montgomery County Divorce at a Glance

County: Montgomery County
Primary City: Montgomery, Alabama
Court Type: Circuit Court
Residency Requirement: 6 months
Waiting Period: 30 days

What Makes Montgomery County Unique

Every county in Alabama follows the same state divorce laws, but Montgomery County has specific local procedures, filing requirements, and resources that affect your divorce process.

Local Court Procedures

Montgomery County's Circuit Court has established local rules that govern how divorces proceed. These include specific document formatting requirements, filing deadlines, and hearing schedules that differ from other Alabama countys.

Filing Requirements

The Clerk of Courts in Montgomery County has specific requirements for document submission, fee payments, and case processing. Understanding these requirements before filing prevents delays and rejected paperwork.

Community Resources

Montgomery County offers various divorce-related resources including mediation services, self-help centers, and legal aid programs. Availability and eligibility vary by county.

Montgomery County Court Filing Fees

Divorce Petition: Filing fees in Alabama vary by county. Contact the Montgomery County Clerk of Courts for current exact fees.

Typical Alabama Filing Fees: $75-$450 depending on county

Additional Costs:

Service of process: $40-$150
Certified copies: $1-$5 per page
Motion filing fees: $25-$100 each

Payment Methods:
Most Alabama courts accept cash, check, money order, and credit/debit cards. Some countys charge a processing fee for card payments.

Attorney Costs in Montgomery County

Attorney fees in Montgomery County vary based on experience, case complexity, and whether your divorce is contested.

Hourly Rates:

Entry-level attorneys: $150-$275/hour
Experienced attorneys: $275-$400/hour
Senior attorneys: $400-$500/hour

Average Total Costs:

Simple uncontested: $1,500-$4,000
Contested divorce: $8,000-$30,000+
High-conflict cases: $30,000-$60,000+

Retainer Requirements:

Uncontested: $1,500-$3,000
Contested: $5,000-$15,000+

These are typical ranges for Alabama attorneys. Actual costs in Montgomery County depend on your specific situation.

How to File for Divorce in Montgomery County

Step 1: Verify Residency

You or your spouse must meet Alabama's residency requirement: 6 months

Step 2: Gather Documents

Marriage certificate (certified copy)
Financial records (pay stubs, tax returns, bank statements)
Property records
Debt information
Children's information (if applicable)

Step 3: Complete Divorce Forms

Alabama requires specific forms for divorce petitions. Montgomery County may have additional local forms.

Required documents typically include:

Petition/Complaint for Divorce
Financial affidavits
Child custody forms (if applicable)
Settlement agreement (if uncontested)

Step 4: File with the Court

Submit your completed forms to the Montgomery County Clerk of Courts along with the filing fee. Many Alabama countys now offer electronic filing options.

Step 5: Serve Your Spouse

After filing, your spouse must be served with divorce papers according to Alabama law. Service options include:

Sheriff's department
Private process server
Certified mail (if spouse agrees)

Step 6: Complete Mandatory Requirements

Alabama may require:

Parenting classes (if children involved)
Financial disclosures
Mediation attempts
Waiting period: 30 days

Step 7: Finalize Your Divorce

For uncontested cases, a brief hearing may be required. Contested cases involve negotiations, possible trial, and final judgment.

Montgomery County Divorce Timeline

Uncontested Divorce (Both Agree):

Minimum: 30 days (state-mandated waiting period)
Typical: 2-4 months from filing to final decree
Best case: 6-10 weeks with all paperwork perfect

Contested Divorce (Disputes to Resolve):

Minor disagreements: 4-8 months
Significant disputes: 8-14 months
Trial required: 12-24 months

Timelines depend on court calendar availability in Montgomery County, case complexity, and how quickly both parties respond to requests.

Montgomery County Circuit Court

Montgomery County's divorce cases are handled by the Circuit Court. The court manages all aspects of family law including divorce, custody, support, and property division.

Court Functions:

Process divorce petitions
Conduct hearings and trials
Issue temporary orders
Approve settlement agreements
Enter final divorce decrees

Court Staff:
The Clerk of Courts office handles all filing, fee collection, and record keeping for Montgomery County divorce cases.

Alabama Divorce Court Locator

Montgomery County Family and Divorce Courts

Court Name:

9th District Court

Court Address:

501 North Thompson

Conroe,

77301

Phone:

936-539-7855

Clerk Hours:

8am-12pm and 1pm-4pm

Website:

http://www.co.montgomery.tx.us/

Judges:

Judge Kelly W. Case

Clerks:

Barbara Gladden Adamick

Court Name:

221st District Court

Court Address:

501 North Thompson

Conroe,

77301

Phone:

936-539-7855

Website:

http://www.co.montgomery.tx.us/

Judges:

Judge Lisa Ann Michalk

Clerks:

Barbara Gladden Adamick

Court Name:

284th District Court

Court Address:

501 North Thompson

Conroe,

77301

Phone:

936-539-7855

Website:

http://www.co.montgomery.tx.us/

Judges:

Judge Cara Cordell Wood

Clerks:

Barbara Gladden Adamick

Court Name:

359th District Court

Court Address:

501 North Thompson

Conroe,

77301

Phone:

936-539-7855

Website:

http://www.co.montgomery.tx.us/

Judges:

Judge Kathleen A. Hamilton

Clerks:

Barbara Gladden Adamick

Court Name:

410th District Court

Court Address:

501 North Thompson

Conroe,

77301

Phone:

936-539-7855

Website:

http://www.co.montgomery.tx.us/

Judges:

Judge K. Michael Mayes

Clerks:

Barbara Gladden Adamick

Court Name:

418th District Court

Court Address:

501 North Thompson

Conroe,

77301

Phone:

936-539-7855

Website:

http://www.co.montgomery.tx.us/

Judges:

Judge Tracy A. Gilbert

Clerks:

Barbara Gladden Adamick

Court Name:

435th District Court

Court Address:

501 North Thompson

Conroe,

77301

Phone:

936-539-7855

Website:

http://www.co.montgomery.tx.us/

Judges:

Judge Michael Thomas Seiler

Clerks:

Barbara Gladden Adamick

Court Name:

Montgomery County Court of Common Pleas

Court Address:

2 E Airy St.

Norristown,

19404

Phone:

610-278-3535

Fax:

610-278-5994

Clerk Hours:

8:30am-4:15pm

Website:

http://www.montcopa.org/

Clerks:

Mark Levy

Court Name:

12th Judicial Circuit Court

Court Address:

211 E 3rd

Montgomery City,

63361

Phone:

573-564-3341

Fax:

573-564-3914

Website:

http://mcmo.us/

Clerks:

Robyn Schmidt

Court Name:

4th Judicial Circuit Court

Court Address:

#1 Courthouse Square

Hillsboro,

62049

Phone:

217-532-9546

Fax:

217-532-9614

Clerk Hours:

8am-4pm

Website:

http://www.montgomeryco.com/

Clerks:

Holly Lemons

Court Name:

18th West Judicial Circuit

Court Address:

105 Hwy. 270 E

Mount Ida,

71957

Phone:

870-867-3521

Clerk Hours:

8am-4:30pm

Website:

https://montgomerycounty.arkansas.gov/

Clerks:

Debbie Baxter

Court Name:

Montgomery County Trial Court

Court Address:

100 E Main

Crawfordsville,

47933

Phone:

(765) 364-6430

Fax:

(765) 364-6355

Clerk Hours:

8am-4:30pm

Website:

http://www.montgomeryco.net/

Clerks:

Jennifer Bentley

Court Name:

Montgomery County Supreme Court

Court Address:

58 Broadway

Fonda,

12068-1500

Phone:

518-853-8111

Clerk Hours:

8:30am-3:30pm

Website:

https://www.co.montgomery.ny.us/

Clerks:

Helen A. Bartone

Court Name:

Montgomery County Court of Common Pleas, Domestic Relations Div.

Court Address:

41 N Perry Street

Dayton,

45422

Phone:

(937) 225-6118

Fax:

(937) 496-7627

Clerk Hours:

8:30am-4:30pm

Website:

https://www.mcohio.org/

Clerks:

Gregory A. Brush

Parking:

The Montgomery County Parking Garage (#2 on map) is located in the 400 block of West Second Street. The only entrance to the garage is on West Second Street just west of the Juvenile Justice Center. When traveling West on Second Street the garage is on the left side of Second Street.

Court Name:

Montgomery Circuit Court

Court Address:

55 East Main Street, Suite 1

Christiansburg,

24073

Phone:

540-382-5760

Fax:

540-382-5754

Clerk Hours:

8:30am-4:30pm

Website:

https://www.montva.com/

Clerks:

Erica W. Williams

Court Name:

Montgomery County District Court

Court Address:

102 East Spring O Box 695

Troy,

27371

Phone:

910-576-4221 Ext. 325

Fax:

910-576-4566

Clerk Hours:

8am-5pm

Website:

http://www.montgomerycountync.com/

Clerks:

Doshia F. Haywood

Court Name:

Montgomery County Superior Court

Court Address:

US Hwy. 221 Montgomery Courthouse

Mt. Vernon,

30445

Phone:

(912) 583 4401

Fax:

(912) 583 4343

Clerk Hours:

8:30am-5pm

Website:

http://montgomerycountyga.gov/

Judges:

H. Frederick Mullis, Jr. C. Michael Johnson Sarah Wall

Clerks:

Keith Hamilton

Court Name:

Montgomery County Circuit Court

Court Address:

2 Millenium Plaza, Suite 115

Clarksville,

37040

Phone:

931 648-5700

Clerk Hours:

8:00am - 4:30pm

Website:

http://www.mcgtn.org

Judges:

William R. "Bill" Goodman, John H. Gasaway, Ross H. Hicks, Tim Barnes, Wayne C. Shelton, Kenneth R. Goble, Jr., Ray Grimes, Tim Barnes, Charles W. Smith

Clerks:

Cheryl J. Castle

Court Name:

Montgomery County Circuit Court

Court Address:

50 Maryland Avenue

Rockville,

20850

Phone:

(240) 777 9400

Fax:

(888) 287 0593

Clerk Hours:

8:30 a.m. - 4:30 p.m

Website:

https://www.montgomerycountymd.gov/

Judges:

John W. Debelius III Anne K. Albright, Gary E. Bair, Marielsa A. Bernard, David A. Boynton Sharon V. Burrell, Cynthia Callahan, Joseph A. Dugan, Jr., Robert A. Greenberg, Richard E. Jordan, John M. Maloney, Michael D. Mason, Cheryl A. McCally Mary Beth McCormick Terrence J. McGann, Joseph M. Quirk, Ronald B. Rubin Nelson W. Rupp, Jr. Joan E. Ryon, Steven G. Salant, Karla N. Smith,

Clerks:

Barbara H. Meiklejohn

Court Name:

Montgomery County Circuit Court

Court Address:

251 Lawrence Street

Montgomery,

36104

Phone:

334-832-1260

Website:

http://www.mc-ala.org/

Clerks:

Tiffany B McCord

Court Name:

Montgomery County District Court

Court Address:

105 Coolbaugh Street

Red Oak,

51566

Phone:

(712) 623 4986

Fax:

(712) 623 4987

Clerk Hours:

8am-4:30pm

Website:

http://www.montgomerycountyiowa.com/

Judges:

Jeffrey L. Larson, Richard H. Davidson, Mark J. Eveloff, James S. Heckerman, Kathleen A. Kilnoski, Timothy O'Grady, James Richardson, Greg W. Steensland, Gary Anderson, Susan Christensen, Craig M. Dreismeier, Charles D. Fagan

Clerks:

Maryalice Woods

Court Name:

Montgomery County District Court

Court Address:

300 E Main St Suite 201

Independence,

67301

Phone:

(620) 330 1070

Fax:

(620) 331 6120

Clerk Hours:

8am-4pm

Website:

http://www.mgcountyks.org/

Judges:

Hon F William Cullins,Hon Gary House,Hon Jeffrey Gossard

Clerks:

Bonnie James

Court Name:

Montgomery County District Court

Court Address:

102 W. 7th, Suite A

Coffeyville,

67337

Phone:

(620) 251 1060

Fax:

(620) 251 2734

Clerk Hours:

8am-4pm

Website:

http://www.mgcountyks.org/

Judges:

Hon F William Cullins,Hon Gary House,Hon Jeffrey Gossard

Clerks:

Bonnie James

Court Name:

Montgomery County Chancery Court

Court Address:

P.O. Box 71

Winona,

38967

Phone:

662-283-2333

Fax:

662-283-2233

Website:

http://www.montgomerycountyms.com/

Judges:

Mitchell M. Lundy, Jr., Percy L. Lynchard, Jr, Vicki Cobb Daniels

Clerks:

Talmadge "Tee" Golding

Court Name:

Montgomery County Circuit Court

Court Address:

One Court Street

Mt. Sterling,

40353

Phone:

859-498-5966

Fax:

859-498-5991

Clerk Hours:

8:00 a.m. - 4 p.m.

Website:

https://montgomerycounty.ky.gov/Pages/default.aspx

Judges:

William E. Lane Beth Lewis Maze

Clerks:

Tanya P. Terry

Alabama Divorce Court Locator

Montgomery County Family and Divorce Courts

Court Name:

9th District Court

Court Address:

501 North Thompson

Conroe,

77301

Phone:

936-539-7855

Clerk Hours:

8am-12pm and 1pm-4pm

Website:

http://www.co.montgomery.tx.us/

Judges:

Judge Kelly W. Case

Clerks:

Barbara Gladden Adamick

Court Name:

221st District Court

Court Address:

501 North Thompson

Conroe,

77301

Phone:

936-539-7855

Website:

http://www.co.montgomery.tx.us/

Judges:

Judge Lisa Ann Michalk

Clerks:

Barbara Gladden Adamick

Court Name:

284th District Court

Court Address:

501 North Thompson

Conroe,

77301

Phone:

936-539-7855

Website:

http://www.co.montgomery.tx.us/

Judges:

Judge Cara Cordell Wood

Clerks:

Barbara Gladden Adamick

Court Name:

359th District Court

Court Address:

501 North Thompson

Conroe,

77301

Phone:

936-539-7855

Website:

http://www.co.montgomery.tx.us/

Judges:

Judge Kathleen A. Hamilton

Clerks:

Barbara Gladden Adamick

Court Name:

410th District Court

Court Address:

501 North Thompson

Conroe,

77301

Phone:

936-539-7855

Website:

http://www.co.montgomery.tx.us/

Judges:

Judge K. Michael Mayes

Clerks:

Barbara Gladden Adamick

Court Name:

418th District Court

Court Address:

501 North Thompson

Conroe,

77301

Phone:

936-539-7855

Website:

http://www.co.montgomery.tx.us/

Judges:

Judge Tracy A. Gilbert

Clerks:

Barbara Gladden Adamick

Court Name:

435th District Court

Court Address:

501 North Thompson

Conroe,

77301

Phone:

936-539-7855

Website:

http://www.co.montgomery.tx.us/

Judges:

Judge Michael Thomas Seiler

Clerks:

Barbara Gladden Adamick

Court Name:

Montgomery County Court of Common Pleas

Court Address:

2 E Airy St.

Norristown,

19404

Phone:

610-278-3535

Fax:

610-278-5994

Clerk Hours:

8:30am-4:15pm

Website:

http://www.montcopa.org/

Clerks:

Mark Levy

Court Name:

12th Judicial Circuit Court

Court Address:

211 E 3rd

Montgomery City,

63361

Phone:

573-564-3341

Fax:

573-564-3914

Website:

http://mcmo.us/

Clerks:

Robyn Schmidt

Court Name:

4th Judicial Circuit Court

Court Address:

#1 Courthouse Square

Hillsboro,

62049

Phone:

217-532-9546

Fax:

217-532-9614

Clerk Hours:

8am-4pm

Website:

http://www.montgomeryco.com/

Clerks:

Holly Lemons

Court Name:

18th West Judicial Circuit

Court Address:

105 Hwy. 270 E

Mount Ida,

71957

Phone:

870-867-3521

Clerk Hours:

8am-4:30pm

Website:

https://montgomerycounty.arkansas.gov/

Clerks:

Debbie Baxter

Court Name:

Montgomery County Trial Court

Court Address:

100 E Main

Crawfordsville,

47933

Phone:

(765) 364-6430

Fax:

(765) 364-6355

Clerk Hours:

8am-4:30pm

Website:

http://www.montgomeryco.net/

Clerks:

Jennifer Bentley

Court Name:

Montgomery County Supreme Court

Court Address:

58 Broadway

Fonda,

12068-1500

Phone:

518-853-8111

Clerk Hours:

8:30am-3:30pm

Website:

https://www.co.montgomery.ny.us/

Clerks:

Helen A. Bartone

Court Name:

Montgomery County Court of Common Pleas, Domestic Relations Div.

Court Address:

41 N Perry Street

Dayton,

45422

Phone:

(937) 225-6118

Fax:

(937) 496-7627

Clerk Hours:

8:30am-4:30pm

Website:

https://www.mcohio.org/

Clerks:

Gregory A. Brush

Parking:

Court Name:

Montgomery Circuit Court

Court Address:

55 East Main Street, Suite 1

Christiansburg,

24073

Phone:

540-382-5760

Fax:

540-382-5754

Clerk Hours:

8:30am-4:30pm

Website:

https://www.montva.com/

Clerks:

Erica W. Williams

Court Name:

Montgomery County District Court

Court Address:

102 East Spring O Box 695

Troy,

27371

Phone:

910-576-4221 Ext. 325

Fax:

910-576-4566

Clerk Hours:

8am-5pm

Website:

http://www.montgomerycountync.com/

Clerks:

Doshia F. Haywood

Court Name:

Montgomery County Superior Court

Court Address:

US Hwy. 221 Montgomery Courthouse

Mt. Vernon,

30445

Phone:

(912) 583 4401

Fax:

(912) 583 4343

Clerk Hours:

8:30am-5pm

Website:

http://montgomerycountyga.gov/

Judges:

H. Frederick Mullis, Jr. C. Michael Johnson Sarah Wall

Clerks:

Keith Hamilton

Court Name:

Montgomery County Circuit Court

Court Address:

2 Millenium Plaza, Suite 115

Clarksville,

37040

Phone:

931 648-5700

Clerk Hours:

8:00am - 4:30pm

Website:

http://www.mcgtn.org

Judges:

William R. "Bill" Goodman, John H. Gasaway, Ross H. Hicks, Tim Barnes, Wayne C. Shelton, Kenneth R. Goble, Jr., Ray Grimes, Tim Barnes, Charles W. Smith

Clerks:

Cheryl J. Castle

Court Name:

Montgomery County Circuit Court

Court Address:

50 Maryland Avenue

Rockville,

20850

Phone:

(240) 777 9400

Fax:

(888) 287 0593

Clerk Hours:

8:30 a.m. - 4:30 p.m

Website:

https://www.montgomerycountymd.gov/

Judges:

Clerks:

Barbara H. Meiklejohn

Court Name:

Montgomery County Circuit Court

Court Address:

251 Lawrence Street

Montgomery,

36104

Phone:

334-832-1260

Website:

http://www.mc-ala.org/

Clerks:

Tiffany B McCord

Court Name:

Montgomery County District Court

Court Address:

105 Coolbaugh Street

Red Oak,

51566

Phone:

(712) 623 4986

Fax:

(712) 623 4987

Clerk Hours:

8am-4:30pm

Website:

http://www.montgomerycountyiowa.com/

Judges:

Clerks:

Maryalice Woods

Court Name:

Montgomery County District Court

Court Address:

300 E Main St Suite 201

Independence,

67301

Phone:

(620) 330 1070

Fax:

(620) 331 6120

Clerk Hours:

8am-4pm

Website:

http://www.mgcountyks.org/

Judges:

Hon F William Cullins,Hon Gary House,Hon Jeffrey Gossard

Clerks:

Bonnie James

Court Name:

Montgomery County District Court

Court Address:

102 W. 7th, Suite A

Coffeyville,

67337

Phone:

(620) 251 1060

Fax:

(620) 251 2734

Clerk Hours:

8am-4pm

Website:

http://www.mgcountyks.org/

Judges:

Hon F William Cullins,Hon Gary House,Hon Jeffrey Gossard

Clerks:

Bonnie James

Court Name:

Montgomery County Chancery Court

Court Address:

P.O. Box 71

Winona,

38967

Phone:

662-283-2333

Fax:

662-283-2233

Website:

http://www.montgomerycountyms.com/

Judges:

Mitchell M. Lundy, Jr., Percy L. Lynchard, Jr, Vicki Cobb Daniels

Clerks:

Talmadge "Tee" Golding

Court Name:

Montgomery County Circuit Court

Court Address:

One Court Street

Mt. Sterling,

40353

Phone:

859-498-5966

Fax:

859-498-5991

Clerk Hours:

8:00 a.m. - 4 p.m.

Website:

https://montgomerycounty.ky.gov/Pages/default.aspx

Judges:

William E. Lane Beth Lewis Maze

Clerks:

Tanya P. Terry

Free and Low-Cost Resources in Montgomery County

Legal Aid Services

Alabama has legal aid organizations that provide free legal help to low-income residents. Contact your local legal aid office to check eligibility for services in Montgomery County.

Typical Eligibility: Income at or below 125-200% of federal poverty guidelines

Court Self-Help Resources

Many Alabama courts offer self-help centers with:

Divorce form packets
Filing instructions
Procedural information
Referrals to resources

Contact the Montgomery County Circuit Court to ask about available self-help services.

Pro Bono Legal Services

Local bar associations in Alabama may offer:

Free legal consultations
Reduced-fee attorney referrals
Pro bono representation for qualified cases

Mediation Services

Montgomery County may offer court-connected mediation at reduced rates, typically much less expensive than private mediation.

Affordable Online Divorce Services for Montgomery County

Online divorce services provide an affordable alternative to hiring an attorney for uncontested cases in Montgomery County.

Benefits of Online Services:

Montgomery County-specific forms and filing instructions
Professional document preparation
Significant cost savings vs. attorney fees
Convenient online process
Support throughout your case

Best For:

Uncontested divorces where both spouses agree
Cases without complex assets or custody disputes
Couples able to cooperate on terms
People seeking affordable professional help

Typical Cost Range: $500-$2,000 plus court filing fees

Online services work well in Montgomery County for straightforward cases while providing guidance and form preparation assistance.

Divorce with Children in Montgomery County

Montgomery County courts prioritize children's best interests in custody and support decisions.

Child Custody in Alabama

Alabama courts consider multiple factors when determining custody:

Each parent's ability to care for children
Children's relationship with each parent
Stability of proposed living arrangements
Children's adjustment to home, school, community
Parents' willingness to cooperate
Any history of abuse or neglect

Parenting Time

Montgomery County courts encourage meaningful relationships with both parents unless safety concerns exist. Parenting time schedules are customized to each family's situation.

Child Support

Alabama uses guidelines based on:

Both parents' incomes
Number of children
Parenting time allocation
Healthcare and childcare costs

Mandatory Requirements

Alabama may require parents in Montgomery County to:

Complete parenting education classes
Attend mediation for custody disputes
Submit detailed parenting plans
Provide financial disclosure

Common Mistakes in Montgomery County Divorces

1. Incomplete Financial Disclosure

Alabama requires full financial disclosure in divorce cases. Incomplete or inaccurate information causes delays and can result in court sanctions.

2. Missing Deadlines

Montgomery County Circuit Court imposes deadlines for responses, discovery, and other filings. Missing deadlines can result in default judgments or case dismissal.

3. Incorrect Forms or Formatting

Each Alabama county has specific form requirements. Using outdated forms or incorrect formats results in rejected filings.

4. Poor Service of Process

Improperly serving your spouse invalidates the entire case. Follow Alabama's service requirements exactly.

5. Not Following Court Orders

Violating temporary orders issued by Montgomery County court can result in contempt charges and negatively impact your case.

6. Failing to Update Information

Changes in income, residence, or circumstances must be reported to Montgomery County court promptly.

7. Representing Yourself in Complex Cases

While self-representation is allowed in Montgomery County, complex cases involving businesses, substantial assets, or high-conflict custody benefit from attorney representation.

Montgomery County Divorce FAQs

How long does it take to get divorced in Montgomery County?

Uncontested divorces in Montgomery County typically take 2-4 months from filing to final decree. Alabama requires 30 days waiting period. Contested cases take 8-18 months or longer depending on complexity.

How much does divorce cost in Montgomery County?

Filing fees vary by Alabama county. Uncontested divorces using online services cost $500-$2,000 plus filing fees. Attorney-handled divorces range from $2,000-$6,000 for uncontested cases to $10,000-$50,000+ for contested cases.

Do I need a lawyer to get divorced in Montgomery County?

No, but whether you should hire one depends on your situation. Attorney representation is recommended for cases involving significant assets, business ownership, contested custody, or domestic violence. Simple uncontested divorces often work well with online service assistance.

Can I file for divorce in Montgomery County if my spouse lives elsewhere?

Yes, as long as you meet Alabama's residency requirement (6 months), you can file in Montgomery County even if your spouse lives in another county or state.

What if my spouse doesn't respond to divorce papers?

If your spouse doesn't respond within the required timeframe in Alabama, you can request a default judgment from Montgomery County court.

How is property divided in Montgomery County?

Alabama follows equitable distribution rules. The court divides marital property fairly based on various factors, not necessarily equally.

Does Montgomery County require separation before divorce?

Alabama's laws determine separation requirements. 30 days waiting period applies after filing. Formal separation is not required before filing.

Can I change my name back in my divorce?

Yes, you can request to resume your maiden name or previous name as part of your Montgomery County divorce decree.

What if I can't afford the filing fee?

Montgomery County court may waive filing fees if you qualify based on low income or receipt of public assistance. File a fee waiver application with your petition.

Are divorce records public in Montgomery County?

Yes, divorce records filed with Montgomery County Circuit Court are generally public records, though you can request certain sensitive information be sealed.

Next Steps: Start Your Montgomery County Divorce

Step 1: Verify you meet Alabama's residency requirement (6 months)
Step 2: Gather all required financial and personal documents
Step 3: Decide between self-filing, online service, or attorney
Step 4: Complete Montgomery County-specific divorce forms
Step 5: File petition with Montgomery County Clerk of Courts
Step 6: Serve your spouse with divorce papers
Step 7: Complete any mandatory requirements
Step 8: Finalize your divorce through settlement or hearing

About This Montgomery County Divorce Guide

This comprehensive guide provides detailed information about filing for divorce in Montgomery County, Alabama. Information covers local procedures, filing requirements, costs, and resources specific to Montgomery County's Circuit Court.

Last Updated: February 2026

Note: Laws and procedures change. Always verify current requirements with Montgomery County Clerk of Courts or consult with a qualified Alabama family law attorney.

RETAINER FEE  
PETITION    

COURT FILING FEE  SUMMONS  
AFFIDAVIT
  MOTIONS  
ARGUMENTS  
TEMPORARY ORDERS  HEARINGS  
SUBPOENAS
  DEPOSITIONS
  SETTLEMENT  CONFERENCES  JUDGEMENT

    TRIAL  
APPEALS

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Montgomery County Divorce Guide: Filing in Montgomery, Alabama

Montgomery County Divorce at a Glance

County: Montgomery County
Primary City: Montgomery, Alabama
Court Type: Circuit Court
Residency Requirement: 6 months
Waiting Period: 30 days

What Makes Montgomery County Unique

Every county in Alabama follows the same state divorce laws, but Montgomery County has specific local procedures, filing requirements, and resources that affect your divorce process.

Local Court Procedures

Filing Requirements

Community Resources

Montgomery County offers various divorce-related resources including mediation services, self-help centers, and legal aid programs. Availability and eligibility vary by county.

Montgomery County Court Filing Fees

Divorce Petition: Filing fees in Alabama vary by county. Contact the Montgomery County Clerk of Courts for current exact fees.

Typical Alabama Filing Fees: $75-$450 depending on county

Additional Costs:

Service of process: $40-$150
Certified copies: $1-$5 per page
Motion filing fees: $25-$100 each

Payment Methods:
Most Alabama courts accept cash, check, money order, and credit/debit cards. Some countys charge a processing fee for card payments.

Attorney Costs in Montgomery County

Attorney fees in Montgomery County vary based on experience, case complexity, and whether your divorce is contested.

Hourly Rates:

Entry-level attorneys: $150-$275/hour
Experienced attorneys: $275-$400/hour
Senior attorneys: $400-$500/hour

Average Total Costs:

Simple uncontested: $1,500-$4,000
Contested divorce: $8,000-$30,000+
High-conflict cases: $30,000-$60,000+

Retainer Requirements:

Uncontested: $1,500-$3,000
Contested: $5,000-$15,000+

These are typical ranges for Alabama attorneys. Actual costs in Montgomery County depend on your specific situation.

How to File for Divorce in Montgomery County

Step 1: Verify Residency

You or your spouse must meet Alabama's residency requirement: 6 months

Step 2: Gather Documents

Marriage certificate (certified copy)
Financial records (pay stubs, tax returns, bank statements)
Property records
Debt information
Children's information (if applicable)

Step 3: Complete Divorce Forms

Alabama requires specific forms for divorce petitions. Montgomery County may have additional local forms.

Required documents typically include:

Petition/Complaint for Divorce
Financial affidavits
Child custody forms (if applicable)
Settlement agreement (if uncontested)

Step 4: File with the Court

Submit your completed forms to the Montgomery County Clerk of Courts along with the filing fee. Many Alabama countys now offer electronic filing options.

Step 5: Serve Your Spouse

After filing, your spouse must be served with divorce papers according to Alabama law. Service options include:

Sheriff's department
Private process server
Certified mail (if spouse agrees)

Step 6: Complete Mandatory Requirements

Alabama may require:

Parenting classes (if children involved)
Financial disclosures
Mediation attempts
Waiting period: 30 days

Step 7: Finalize Your Divorce

For uncontested cases, a brief hearing may be required. Contested cases involve negotiations, possible trial, and final judgment.

Montgomery County Divorce Timeline

Uncontested Divorce (Both Agree):

Minimum: 30 days (state-mandated waiting period)
Typical: 2-4 months from filing to final decree
Best case: 6-10 weeks with all paperwork perfect

Contested Divorce (Disputes to Resolve):

Minor disagreements: 4-8 months
Significant disputes: 8-14 months
Trial required: 12-24 months

Timelines depend on court calendar availability in Montgomery County, case complexity, and how quickly both parties respond to requests.

Montgomery County Circuit Court

Montgomery County's divorce cases are handled by the Circuit Court. The court manages all aspects of family law including divorce, custody, support, and property division.

Court Functions:

Process divorce petitions
Conduct hearings and trials
Issue temporary orders
Approve settlement agreements
Enter final divorce decrees

Court Staff:
The Clerk of Courts office handles all filing, fee collection, and record keeping for Montgomery County divorce cases.

Alabama Divorce Court Locator

Montgomery County Family and Divorce Courts

Court Name:

9th District Court

Court Address:

501 North Thompson

Conroe,

77301

Phone:

936-539-7855

Clerk Hours:

8am-12pm and 1pm-4pm

Website:

http://www.co.montgomery.tx.us/

Judges:

Judge Kelly W. Case

Clerks:

Barbara Gladden Adamick

Court Name:

221st District Court

Court Address:

501 North Thompson

Conroe,

77301

Phone:

936-539-7855

Website:

http://www.co.montgomery.tx.us/

Judges:

Judge Lisa Ann Michalk

Clerks:

Barbara Gladden Adamick

Court Name:

284th District Court

Court Address:

501 North Thompson

Conroe,

77301

Phone:

936-539-7855

Website:

http://www.co.montgomery.tx.us/

Judges:

Judge Cara Cordell Wood

Clerks:

Barbara Gladden Adamick

Court Name:

359th District Court

Court Address:

501 North Thompson

Conroe,

77301

Phone:

936-539-7855

Website:

http://www.co.montgomery.tx.us/

Judges:

Judge Kathleen A. Hamilton

Clerks:

Barbara Gladden Adamick

Court Name:

410th District Court

Court Address:

501 North Thompson

Conroe,

77301

Phone:

936-539-7855

Website:

http://www.co.montgomery.tx.us/

Judges:

Judge K. Michael Mayes

Clerks:

Barbara Gladden Adamick

Court Name:

418th District Court

Court Address:

501 North Thompson

Conroe,

77301

Phone:

936-539-7855

Website:

http://www.co.montgomery.tx.us/

Judges:

Judge Tracy A. Gilbert

Clerks:

Barbara Gladden Adamick

Court Name:

435th District Court

Court Address:

501 North Thompson

Conroe,

77301

Phone:

936-539-7855

Website:

http://www.co.montgomery.tx.us/

Judges:

Judge Michael Thomas Seiler

Clerks:

Barbara Gladden Adamick

Court Name:

Montgomery County Court of Common Pleas

Court Address:

2 E Airy St.

Norristown,

19404

Phone:

610-278-3535

Fax:

610-278-5994

Clerk Hours:

8:30am-4:15pm

Website:

http://www.montcopa.org/

Clerks:

Mark Levy

Court Name:

12th Judicial Circuit Court

Court Address:

211 E 3rd

Montgomery City,

63361

Phone:

573-564-3341

Fax:

573-564-3914

Website:

http://mcmo.us/

Clerks:

Robyn Schmidt

Court Name:

4th Judicial Circuit Court

Court Address:

#1 Courthouse Square

Hillsboro,

62049

Phone:

217-532-9546

Fax:

217-532-9614

Clerk Hours:

8am-4pm

Website:

http://www.montgomeryco.com/

Clerks:

Holly Lemons

Court Name:

18th West Judicial Circuit

Court Address:

105 Hwy. 270 E

Mount Ida,

71957

Phone:

870-867-3521

Clerk Hours:

8am-4:30pm

Website:

https://montgomerycounty.arkansas.gov/

Clerks:

Debbie Baxter

Court Name:

Montgomery County Trial Court

Court Address:

100 E Main

Crawfordsville,

47933

Phone:

(765) 364-6430

Fax:

(765) 364-6355

Clerk Hours:

8am-4:30pm

Website:

http://www.montgomeryco.net/

Clerks:

Jennifer Bentley

Court Name:

Montgomery County Supreme Court

Court Address:

58 Broadway

Fonda,

12068-1500

Phone:

518-853-8111

Clerk Hours:

8:30am-3:30pm

Website:

https://www.co.montgomery.ny.us/

Clerks:

Helen A. Bartone

Court Name:

Montgomery County Court of Common Pleas, Domestic Relations Div.

Court Address:

41 N Perry Street

Dayton,

45422

Phone:

(937) 225-6118

Fax:

(937) 496-7627

Clerk Hours:

8:30am-4:30pm

Website:

https://www.mcohio.org/

Clerks:

Gregory A. Brush

Parking:

Court Name:

Montgomery Circuit Court

Court Address:

55 East Main Street, Suite 1

Christiansburg,

24073

Phone:

540-382-5760

Fax:

540-382-5754

Clerk Hours:

8:30am-4:30pm

Website:

https://www.montva.com/

Clerks:

Erica W. Williams

Court Name:

Montgomery County District Court

Court Address:

102 East Spring O Box 695

Troy,

27371

Phone:

910-576-4221 Ext. 325

Fax:

910-576-4566

Clerk Hours:

8am-5pm

Website:

http://www.montgomerycountync.com/

Clerks:

Doshia F. Haywood

Court Name:

Montgomery County Superior Court

Court Address:

US Hwy. 221 Montgomery Courthouse

Mt. Vernon,

30445

Phone:

(912) 583 4401

Fax:

(912) 583 4343

Clerk Hours:

8:30am-5pm

Website:

http://montgomerycountyga.gov/

Judges:

H. Frederick Mullis, Jr. C. Michael Johnson Sarah Wall

Clerks:

Keith Hamilton

Court Name:

Montgomery County Circuit Court

Court Address:

2 Millenium Plaza, Suite 115

Clarksville,

37040

Phone:

931 648-5700

Clerk Hours:

8:00am - 4:30pm

Website:

http://www.mcgtn.org

Judges:

William R. "Bill" Goodman, John H. Gasaway, Ross H. Hicks, Tim Barnes, Wayne C. Shelton, Kenneth R. Goble, Jr., Ray Grimes, Tim Barnes, Charles W. Smith

Clerks:

Cheryl J. Castle

Court Name:

Montgomery County Circuit Court

Court Address:

50 Maryland Avenue

Rockville,

20850

Phone:

(240) 777 9400

Fax:

(888) 287 0593

Clerk Hours:

8:30 a.m. - 4:30 p.m

Website:

https://www.montgomerycountymd.gov/

Judges:

Clerks:

Barbara H. Meiklejohn

Court Name:

Montgomery County Circuit Court

Court Address:

251 Lawrence Street

Montgomery,

36104

Phone:

334-832-1260

Website:

http://www.mc-ala.org/

Clerks:

Tiffany B McCord

Court Name:

Montgomery County District Court

Court Address:

105 Coolbaugh Street

Red Oak,

51566

Phone:

(712) 623 4986

Fax:

(712) 623 4987

Clerk Hours:

8am-4:30pm

Website:

http://www.montgomerycountyiowa.com/

Judges:

Clerks:

Maryalice Woods

Court Name:

Montgomery County District Court

Court Address:

300 E Main St Suite 201

Independence,

67301

Phone:

(620) 330 1070

Fax:

(620) 331 6120

Clerk Hours:

8am-4pm

Website:

http://www.mgcountyks.org/

Judges:

Hon F William Cullins,Hon Gary House,Hon Jeffrey Gossard

Clerks:

Bonnie James

Court Name:

Montgomery County District Court

Court Address:

102 W. 7th, Suite A

Coffeyville,

67337

Phone:

(620) 251 1060

Fax:

(620) 251 2734

Clerk Hours:

8am-4pm

Website:

http://www.mgcountyks.org/

Judges:

Hon F William Cullins,Hon Gary House,Hon Jeffrey Gossard

Clerks:

Bonnie James

Court Name:

Montgomery County Chancery Court

Court Address:

P.O. Box 71

Winona,

38967

Phone:

662-283-2333

Fax:

662-283-2233

Website:

http://www.montgomerycountyms.com/

Judges:

Mitchell M. Lundy, Jr., Percy L. Lynchard, Jr, Vicki Cobb Daniels

Clerks:

Talmadge "Tee" Golding

Court Name:

Montgomery County Circuit Court

Court Address:

One Court Street

Mt. Sterling,

40353

Phone:

859-498-5966

Fax:

859-498-5991

Clerk Hours:

8:00 a.m. - 4 p.m.

Website:

https://montgomerycounty.ky.gov/Pages/default.aspx

Judges:

William E. Lane Beth Lewis Maze

Clerks:

Tanya P. Terry

Free and Low-Cost Resources in Montgomery County

Legal Aid Services

Alabama has legal aid organizations that provide free legal help to low-income residents. Contact your local legal aid office to check eligibility for services in Montgomery County.

Typical Eligibility: Income at or below 125-200% of federal poverty guidelines

Court Self-Help Resources

Many Alabama courts offer self-help centers with:

Divorce form packets
Filing instructions
Procedural information
Referrals to resources

Contact the Montgomery County Circuit Court to ask about available self-help services.

Pro Bono Legal Services

Local bar associations in Alabama may offer:

Free legal consultations
Reduced-fee attorney referrals
Pro bono representation for qualified cases

Mediation Services

Montgomery County may offer court-connected mediation at reduced rates, typically much less expensive than private mediation.

Affordable Online Divorce Services for Montgomery County

Online divorce services provide an affordable alternative to hiring an attorney for uncontested cases in Montgomery County.

Benefits of Online Services:

Montgomery County-specific forms and filing instructions
Professional document preparation
Significant cost savings vs. attorney fees
Convenient online process
Support throughout your case

Best For:

Uncontested divorces where both spouses agree
Cases without complex assets or custody disputes
Couples able to cooperate on terms
People seeking affordable professional help

Typical Cost Range: $500-$2,000 plus court filing fees

Online services work well in Montgomery County for straightforward cases while providing guidance and form preparation assistance.

Divorce with Children in Montgomery County

Montgomery County courts prioritize children's best interests in custody and support decisions.

Child Custody in Alabama

Alabama courts consider multiple factors when determining custody:

Each parent's ability to care for children
Children's relationship with each parent
Stability of proposed living arrangements
Children's adjustment to home, school, community
Parents' willingness to cooperate
Any history of abuse or neglect

Parenting Time

Montgomery County courts encourage meaningful relationships with both parents unless safety concerns exist. Parenting time schedules are customized to each family's situation.

Child Support

Alabama uses guidelines based on:

Both parents' incomes
Number of children
Parenting time allocation
Healthcare and childcare costs

Mandatory Requirements

Alabama may require parents in Montgomery County to:

Complete parenting education classes
Attend mediation for custody disputes
Submit detailed parenting plans
Provide financial disclosure

Common Mistakes in Montgomery County Divorces

1. Incomplete Financial Disclosure

Alabama requires full financial disclosure in divorce cases. Incomplete or inaccurate information causes delays and can result in court sanctions.

2. Missing Deadlines

Montgomery County Circuit Court imposes deadlines for responses, discovery, and other filings. Missing deadlines can result in default judgments or case dismissal.

3. Incorrect Forms or Formatting

Each Alabama county has specific form requirements. Using outdated forms or incorrect formats results in rejected filings.

4. Poor Service of Process

Improperly serving your spouse invalidates the entire case. Follow Alabama's service requirements exactly.

5. Not Following Court Orders

Violating temporary orders issued by Montgomery County court can result in contempt charges and negatively impact your case.

6. Failing to Update Information

Changes in income, residence, or circumstances must be reported to Montgomery County court promptly.

7. Representing Yourself in Complex Cases

While self-representation is allowed in Montgomery County, complex cases involving businesses, substantial assets, or high-conflict custody benefit from attorney representation.

Montgomery County Divorce FAQs

How long does it take to get divorced in Montgomery County?

How much does divorce cost in Montgomery County?

Do I need a lawyer to get divorced in Montgomery County?

Can I file for divorce in Montgomery County if my spouse lives elsewhere?

Yes, as long as you meet Alabama's residency requirement (6 months), you can file in Montgomery County even if your spouse lives in another county or state.

What if my spouse doesn't respond to divorce papers?

If your spouse doesn't respond within the required timeframe in Alabama, you can request a default judgment from Montgomery County court.

How is property divided in Montgomery County?

Alabama follows equitable distribution rules. The court divides marital property fairly based on various factors, not necessarily equally.

Does Montgomery County require separation before divorce?

Alabama's laws determine separation requirements. 30 days waiting period applies after filing. Formal separation is not required before filing.

Can I change my name back in my divorce?

Yes, you can request to resume your maiden name or previous name as part of your Montgomery County divorce decree.

What if I can't afford the filing fee?

Montgomery County court may waive filing fees if you qualify based on low income or receipt of public assistance. File a fee waiver application with your petition.

Are divorce records public in Montgomery County?

Yes, divorce records filed with Montgomery County Circuit Court are generally public records, though you can request certain sensitive information be sealed.

Next Steps: Start Your Montgomery County Divorce

About This Montgomery County Divorce Guide

Last Updated: February 2026

Note: Laws and procedures change. Always verify current requirements with Montgomery County Clerk of Courts or consult with a qualified Alabama family law attorney.

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Montgomery County Divorce Guide: Filing in Montgomery, Alabama

Montgomery County Divorce at a Glance

What Makes Montgomery County Unique

Local Court Procedures

Filing Requirements

Community Resources

Montgomery County Court Filing Fees

Attorney Costs in Montgomery County

How to File for Divorce in Montgomery County

Step 1: Verify Residency

Step 2: Gather Documents

Step 3: Complete Divorce Forms

Step 4: File with the Court

Step 5: Serve Your Spouse

Step 6: Complete Mandatory Requirements

Step 7: Finalize Your Divorce

Montgomery County Divorce Timeline

Montgomery County Circuit Court

Alabama Divorce Court Locator

Montgomery County Family and Divorce Courts

Alabama Divorce Court Locator

Montgomery County Family and Divorce Courts

Free and Low-Cost Resources in Montgomery County

Legal Aid Services

Court Self-Help Resources

Pro Bono Legal Services

Mediation Services

Affordable Online Divorce Services for Montgomery County

Divorce with Children in Montgomery County

Child Custody in Alabama

Parenting Time

Child Support

Mandatory Requirements

Common Mistakes in Montgomery County Divorces

1. Incomplete Financial Disclosure

2. Missing Deadlines

3. Incorrect Forms or Formatting

4. Poor Service of Process

5. Not Following Court Orders

6. Failing to Update Information

7. Representing Yourself in Complex Cases

Montgomery County Divorce FAQs

How long does it take to get divorced in Montgomery County?

How much does divorce cost in Montgomery County?

Do I need a lawyer to get divorced in Montgomery County?

Can I file for divorce in Montgomery County if my spouse lives elsewhere?

The Ultimate Guide
to Getting Started in Your Divorce