Code of Alabama
Ala. Code § 30-2-4 (2026)
Where Complaint to Be Filed.
✓ official Alabama Legislature (ALISON) text, current July 2026
Complaints for divorce may be filed in the circuit court of the county in which the defendant resides, or in the circuit court of the county in which the parties resided when the separation occurred, or if the defendant is a nonresident, then in the circuit court of the county in which the other party to the marriage resides.
(Code 1852, §1968; Code 1867, §2358; Code 1876, §2692; Code 1886, §2329; Code 1896, §1493; Code 1907, §3801; Code 1923, §7415; Code 1940, T. 34, §28.)
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1988–2025 · leading case: Skieff v. Cole-Skieff, 884 So. 2d 880 (Ala. Civ. App. 2003).
Skieff v. Cole-Skieff, 884 So. 2d 880 (Ala. Civ. App. 2003). “The husband appeals, contending that a portion of § 30-2-4, Ala.Code 1975, actually controls in this case and that therefore the complaint was properly filed in Lee County; he further contends that he satisfied the requirements of § 30-2-5 because *883 he was a resident of…”
McMichael v. McMichael, 62 So. 3d 465 (Ala. 2010). “See Ala.Code 1975, § 30-2-4 ("Complaints for divorce may be filed in the circuit court of the county in which the defendant resides, or in the circuit court of the county in which the parties resided when the separation occurred.”
State ex rel. C.M. v. C.H., 828 So. 2d 291 (Ala. 2002). “See Ala.Code 1975, § 30-2-4 (“Complaints for divorce may be filed in the circuit court of the county in which the defendant resides, or in the circuit court of the county in which the parties resided when the separation occurred.”
Hill v. Hill, 166 So. 3d 701 (Ala. Civ. App. 2014). “Alabama Code 1975, § 30-2-4, in pertinent part, provides that “[c]omplaints for divorce may be filed in the circuit court of the county in which the defendant resides, or in the circuit court of the county in which the parties resided when the separation occurred.”
Ex Parte State Ex Rel. CM, 828 So. 2d 291 (Ala. 2002). “*294 Although the statute addresses only the filing of complaints and does not use the word "venue," we note that a similarly worded statute has also been held to be a statute that controls venue.”
Greene v. Greene, 527 So. 2d 1320 (Ala. Civ. App. 1988). “Section 30-2-4, Ala.Code 1975, is as follows: “Complaints for divorce may be filed in the circuit court of the county in which the defendant resides, or in the circuit court of the county in which the parties resided when the separation occurred.”
Grantham v. Hughes, 571 So. 2d 1186 (Ala. Civ. App. 1990). “That case, however, involved an action for divorce and was governed by § 30-2-4, Ala. Code 1975, which provides in pertinent part: “Complaints for divorce may be filed .”
Watkins v. Watkins, 555 So. 2d 1098 (Ala. Civ. App. 1989). “Section 30-2-4, Ala.Code 1975, provides, in part, as follows: “Complaints for divorce may be filed in the circuit court of the county in which the defendant resides, or in the circuit court of the county in which the parties resided when the separation occurred.”
Sanders v. Swaney (Ex parte Swaney), 244 So. 3d 116 (Ala. Civ. App. 2017). “The record shows that, after being served with the divorce complaint, the wife objected to venue in Madison County and asserted that venue was improper in that county under the provisions of § 30-2-4, Ala. Code 1975. Because the undisputed evidence shows that the parties resided…”
Hudson v. Hudson (In re Hudson), 241 So. 3d 728 (Ala. Civ. App. 2017). “Although this is an action for a legal separation and not a divorce, the parties agree that § 30-2-4 is applicable in this case.”
Michael Riddle v. Phyllis Riddle (Appeal from Elmore Circuit Court: DR-24-900109). (Ala. Civ. App. 2025). “" On September 6, 2024, the husband also filed a motion for a change of venue; he asserted that, pursuant to Ala. Code 1975, § 30-2-4, Elmore County was an improper venue for the filing of the divorce action and requested an order transferring the case to the Montgomery Circuit…”
Carson v. Carson (Ex parte Carson), 237 So. 3d 889 (Ala. Civ. App. 2017). “Section 30-2-4, Ala. Code 1975, provides: "Complaints for divorce may be filed in the circuit court of the county in which the defendant resides, or in the *892 circuit court of the county in which the parties resided when the separation occurred, or if the defendant is a…”
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