Butler County - Second Circuit Court of Alabama

Domestic Relations

Domestic Relations is a division of Circuit Court in which primarily divorces are filed. Divorces (when children are involved) are complex and we strongly recommend you consult with an attorney. By law, no one in the Clerk’s office can give you legal advice. An attorney can advise of the laws and requirements regarding your children until they reach the age of majority. You can refer to your yellow pages or google to locate attorneys who specialize in domestic relation matters. Our office does not have “fill in the blank” forms for many of the pleadings which are required to be filed. Once your divorce is filed, it will be assigned to Judge Russell to approve your agreement or to set a hearing for settlement and pretrial conference. If the matter cannot be settled, the case will be transferred to Judge Lovell for a hearing.

You can go to these websites listed below to locate information on how to file a divorce or locate forms for divorces that do not have children born of the marriage.

Uncontested Divorces

Once your uncontested divorce is filed in our office, there is a 30 day waiting period before the Judge can sign your decree. This is if all your paperwork is in order. If the Judge needs more forms or paperwork to be submitted, you will receive an order letting you know what forms would be required before signing your divorce decree. The filing fee for this type of case is $239.00.

Contested Divorces

If your divorce is contested, it will be assigned to a Judge. Once the paperwork is filed with our office, we will then send it out for the defendant to be served. The filing fee for this type of case is $244.00. If the defendant lives out of state, you must provide the certified mail and postage. Upon service of the defendant, the defendant has 30 days to respond to the complaint for divorce. You will need to keep in contact with your attorney, all notices and trial settings will be sent to your attorney.

Modifications/Contempt Petitions

If you want to modify your divorce decree or if you want to file a contempt petition, there is a filing fee of $347.00. If the other party is to be served by the Butler County Sheriff, there is a $5.00 sheriff fee.

Petition for Custody

If you are filing a petition for custody and paternity is to be established, you will need to file it in the Domestic Relations division. Reasons to file for custody in Domestic Relations as follows:

Child support was previously ordered to mother through a paternity case and now, as the legal father, I want custody of the child.
I have excluded acknowledgement of paternity.
I need to enroll the child in school.
We are disputing who should have custody of the child.
Parties are in agreement to change custody and there is no dependency allegation. The filing fee for this type of case is $244.00.

Copy of Divorce Decree

If you need a certified copy of your divorce decree, the cost is $5.00, you may mail a request along with a money order and a self-addressed stamped envelope. You may also come in our office during regular business hours and request a copy and make payment in cash or money order. PLEASE HAVE CORRECT CHANGE. Money orders should be payable to Butler County Circuit Court.