Alabama’s laws and codes are collected in the Code of Alabama, a set of numbered titles that covers criminal penalties, civil lawsuits, family law, property, wills, business formation, employment, and consumer protection. Several Alabama rules run against the national grain — contributory negligence still bars injury claims when the plaintiff shares any fault, home sellers face no general duty to disclose known defects, there is no state minimum wage, and marriage no longer runs through a license issued by the probate court. Knowing where Alabama departs from the norm is how you avoid the expensive surprises.
How the Code Is Organized
The Code of Alabama is divided into numbered titles by subject. Title 10A covers business and nonprofit entities.1Justia Law. Alabama Code Title 10A – Alabama Business and Nonprofit Entities Code Title 13A holds the criminal code. Title 30 governs marriage and divorce. Title 35 handles property.2Justia Law. Alabama Code Title 35 – Property Title 43 covers wills and estates.3Justia Law. Alabama Code Title 43 – Wills and Decedents Estates
Each title breaks down into chapters, articles, and sections. A citation like § 35-9A-421 points to Title 35, Chapter 9A, Section 421. The Alabama Legislature publishes the full text online free of charge, so any statute referenced in this article can be pulled up and read in full.
Criminal Penalties by Class
Alabama sorts offenses into felonies, misdemeanors, and violations. A felony carries a possible prison sentence of more than one year, a misdemeanor tops out at one year, and a violation caps at 30 days. The code technically reserves the word “crime” for felonies and misdemeanors.4Alabama Legislature. Alabama Code Title 13A Criminal Code 13A-1-2 – Definitions
Felony sentencing ranges are set by class, and firearms increase the mandatory minimum:
- Class A felony: 10 to 99 years or life; minimum jumps to 20 years if a firearm was used.
- Class B felony: 2 to 20 years; minimum jumps to 10 years with a firearm.
- Class C felony: 1 year and 1 day to 10 years.
- Class D felony: 1 year and 1 day to 5 years.
Sentences include hard labor.5Alabama Legislature. Alabama Code Title 13A Criminal Code 13A-5-6 – Sentences of Imprisonment for Felonies
Prior Felonies Multiply Everything
Alabama’s Habitual Felony Offender Act pushes every new felony up the ladder based on prior convictions. One prior felony bumps a new Class C conviction up to Class B punishment. Two priors push it to Class A. Three or more prior felonies can mean 15 to 99 years or life for a mid-level offense. A defendant with a prior Class A felony conviction who commits another Class A felony faces mandatory life without parole.6Alabama Legislature. Alabama Code Title 13A Criminal Code 13A-5-9 – Enhanced Penalties for Habitual Felony Offenders
Drugs and Firearms
Under the Uniform Controlled Substances Act, possessing a controlled substance in Schedules I through V without authorization is a Class D felony punishable by one to five years.7Alabama Legislature. Alabama Code 13A-12-212 – Unlawful Possession or Receipt of Controlled Substances Obtaining a controlled substance by fraud carries the same charge. People convicted of violent felonies are barred from possessing firearms, and using a firearm during a Class A or Class B felony triggers the higher mandatory minimums shown above.
Civil Lawsuits and the Contributory Negligence Trap
Circuit courts hear civil cases where the amount in controversy exceeds $20,000. District courts handle claims up to $20,000 and share jurisdiction with circuit court from $6,000 to $20,000.8Alabama Legislature. Alabama Code 12-12-30 – Civil Jurisdiction Generally Small claims — $6,000 or less — go through district court under simplified procedures designed for self-represented parties.9Alabama Judicial System. Small Claims Court Guide
The rule that trips up more Alabama plaintiffs than any other is contributory negligence. Alabama is one of only four states (plus the District of Columbia) where any share of fault by the injured person defeats the entire claim. If you are one percent at fault for the accident, you recover nothing. Most states reduce your recovery by your percentage of fault; Alabama does not. In Golden v. McCurry (1980), the Alabama Supreme Court acknowledged the harshness of the doctrine but left any change to the legislature.10Justia Law. Golden v McCurry The legislature hasn’t acted, so any injury claim in Alabama has to be built around this rule.
Filing Deadlines That End Cases
Miss the statute of limitations and a court will dismiss the case regardless of its merits. The clock generally starts when the injury or breach occurs, though Alabama applies a discovery rule to some claims, starting the clock when you knew or should have known about the harm.
- Personal injury: two years from the date of injury.
- Fraud: two years from discovery.
- Breach of contract for the sale of goods: four years, though the parties can shorten this to as little as one year by agreement.11Alabama Legislature. Alabama Code 7-2-725 – Statute of Limitations in Contracts for Sale
- Written contracts (non-sale): six years.
- Property damage: six years.
Marriage, Divorce, and Custody
Title 30 governs family law in Alabama.12Justia Law. Alabama Code Title 30 – Marital and Domestic Relations Both parties must be at least 18 to marry without restriction; a 16- or 17-year-old who has never been married may marry with a signed, notarized parental affidavit.13Alabama Legislature. Alabama Code 30-1-5 – Consent of Parents Required for Minors
Since August 29, 2019, Alabama has not issued marriage licenses through probate courts. Both parties instead complete a notarized Alabama Marriage Certificate form and deliver it to the probate court for recording.14Alabama Department of Public Health. Frequently Asked Questions Regarding the Alabama Marriage Certificate No ceremony or officiant is required.
Divorce
Alabama allows both fault-based and no-fault divorce. Fault grounds such as adultery, abandonment, or substance abuse can influence property division and alimony. Marital property is divided under an equitable-distribution standard, meaning the court divides it in a way it considers fair given the circumstances, which is not necessarily a 50/50 split.
Custody and Child Support
Courts must consider joint custody in every case and presume it serves the child’s best interests when both parents request it. Factors include the parents’ ability to cooperate, any history of abuse, and the geographic distance between homes. Joint custody cannot be denied without specific findings explaining why.15Alabama Legislature. Alabama Code Title 30 Marital and Domestic Relations 30-3-152 – Joint Custody Sole custody may be granted if one parent is found unfit.
Child support uses an income-shares model, with each parent’s obligation proportional to their share of the combined parental income. Courts calculate the amount on a standard worksheet.16Alabama Unified Judicial System. Child Support Guidelines Form CS-42-S
Buying, Selling, and Renting Property
Deeds, mortgages, and liens must be recorded in the county where the property sits. In counties that use electronic storage and indexing, any courthouse or annex in the county can accept the filing.17Alabama Legislature. Alabama Code 35-4-62 – Locations for Recording Conveyances in Real Property, Deeds, Mortgages, Etc Recording protects you against later claims. Skip it, and a later buyer who records first can take priority over you.
Alabama has no general home-seller disclosure statute. Residential real estate is largely caveat emptor. If you’re buying a house in Alabama, an inspection by a qualified inspector before closing is how you find out what you’re buying.
Landlord-Tenant Rules
Under Alabama’s Uniform Residential Landlord and Tenant Act, security deposits are capped at one month’s rent for unfurnished units and two months’ rent for furnished units. After a tenant moves out, the landlord has 35 days to return the deposit in full or provide a written, itemized list of deductions. Miss that 35-day window and the landlord loses the right to withhold anything.
If a tenant violates the lease or fails to pay rent, the landlord must give written notice and at least seven business days to cure the problem before terminating the lease.18Alabama Legislature. Alabama Code 35-9A-421 – Noncompliance with Rental Agreement Some serious breaches, such as illegal drug activity on the premises, are noncurable and allow termination on seven days’ notice without a chance to fix the problem.
Zoning is set locally. If a property will be used for a home business, rental, or commercial purpose, checking the zoning classification before closing avoids being told after the fact that the planned use isn’t allowed.
Wills and What Happens Without One
When someone dies with a valid will, probate court oversees the document and distributes assets under its terms. When there’s no will, intestacy statutes decide. The surviving spouse’s share depends on who else survives:
- No children and no surviving parents: the spouse inherits the entire estate.
- No children, but parents survive: the spouse receives the first $100,000 plus half the remaining balance.
- All surviving children are also the spouse’s: the spouse receives the first $50,000 plus half the remaining balance.
- One or more children are from another relationship: the spouse receives half the estate.19Alabama Legislature. Alabama Code 43-8-41 – Share of the Spouse
These default shares often do not match what people would actually choose, which is the practical case for having a will.
Courts appoint guardians to manage the personal and financial affairs of minors or incapacitated adults. Conservatorships require court approval and ongoing oversight. Alabama also recognizes living wills and advance directives, letting you record healthcare decisions ahead of incapacity.
Alabama imposes no state estate tax. Federal estate tax still applies to larger estates. For 2026, the federal exemption is $15,000,000 per person under the One, Big, Beautiful Bill signed in 2025.20Internal Revenue Service. Whats New – Estate and Gift Tax Married couples using portability can effectively double the combined exemption.
Starting and Running a Business
Title 10A covers formation, operation, and dissolution for sole proprietorships, partnerships, LLCs, and corporations. LLCs are the common choice for small businesses because they combine flexible management with personal liability protection. Forming a domestic LLC requires filing a Certificate of Formation with the Alabama Secretary of State and a $200 filing fee.
Corporations and limited liability entities doing business in Alabama owe corporate income tax at 6.5% on net income, whether the entity was formed in Alabama or another state.21Atlas Alabama. Guide to Business Taxes Businesses using a trade name must register it, and all entities have ongoing tax and reporting obligations with the Alabama Department of Revenue.
Employee or Independent Contractor
Misclassifying employees as independent contractors leads to back taxes, penalties, and unpaid benefits liability. The IRS weighs three categories: behavioral control (whether the business directs what work is done and how), financial control (who provides tools, how the worker is paid, whether expenses are reimbursed), and the relationship (written contracts, benefits, permanence). No single factor decides; the IRS looks at the whole relationship.22Internal Revenue Service. Independent Contractor (Self-Employed) or Employee?
Working in Alabama
Alabama is a strictly at-will employment state. An employer can terminate a worker at any time, for any reason or no reason, without advance notice. Employees can quit on the same terms. The exceptions are the important part.
Federal antidiscrimination law overrides the at-will default. An employer cannot fire someone based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, and gender identity), disability, age (40 and older), or genetic information.23U.S. Equal Employment Opportunity Commission. Know Your Rights – Workplace Discrimination Is Illegal Retaliation for reporting discrimination, filing a workers’ compensation claim, or whistleblowing is also barred. A written employment contract or union agreement limiting termination to specific grounds overrides at-will as well.
Alabama has no state minimum wage, so the federal Fair Labor Standards Act sets the floor. The federal minimum wage is $7.25 per hour. The federal salary threshold for exempt employees in 2026 remains $35,568 per year ($684 per week) after courts blocked a planned increase by the Department of Labor. Workers earning below that threshold are generally entitled to overtime at 1.5 times their regular rate for hours worked over 40 in a week.
Consumer Protection Rules to Know
Alabama’s Deceptive Trade Practices Act gives the state attorney general authority to investigate and prosecute businesses for false advertising or fraudulent sales practices. Individual consumers can bring private claims, though the available remedies are narrower than in many other states.24Alabama Legislature. Alabama Code 6-11-20 – Punitive Damages
Lemon Law
Alabama’s Lemon Law covers new motor vehicles when warranty repairs fail. If a new vehicle has a defect covered by the manufacturer’s express warranty and the manufacturer cannot fix it after reasonable attempts, the buyer can choose a replacement vehicle or a full refund covering purchase price, sales tax, registration fees, finance charges incurred after reporting the defect, and the cost of alternative transportation. Three or more repair attempts for the same problem within 24 months or 24,000 miles (whichever comes first) creates a presumption that the manufacturer has had a reasonable chance to fix it.25Alabama Legislature. Alabama Code 8-20A-2 – Obligations of Manufacturer
Payday Lending
Alabama permits payday lending and regulates it through a fee structure rather than a traditional interest cap. Lenders may charge $17.50 per $100 borrowed, which on a typical two-week loan works out to roughly 456% APR. Borrowers who roll loans over repeatedly can pay many times the original loan in fees.
Debt Collection
The federal Fair Debt Collection Practices Act applies in Alabama. Debt collectors cannot contact you before 8 a.m. or after 9 p.m., cannot call your workplace if they know your employer prohibits personal calls, and cannot harass you by phone, text, or email. If an attorney represents you on the debt, the collector must go through the attorney. Collectors are also barred from posting about your debt on social media.26Consumer Financial Protection Bureau. What Laws Limit What Debt Collectors Can Say or Do?