Alabama Law Overview
Alabama's legal system is rooted in English common law with a constitution that is the longest in the world, containing over 900 amendments. The state's legal framework tends to be conservative, with strong protections for property rights and individual liberties as defined by the state's political traditions.
Alabama is an at-will employment state with right-to-work protections. Criminal law enforcement is robust, with the state maintaining the death penalty and relatively strict drug laws. The state has modernized some aspects of its legal system in recent years, including updates to its landlord-tenant law and adoption of the Uniform Residential Landlord and Tenant Act.
AlabamaGovernment & Politics
State government
Main article: Government of Alabama
The State Capitol Building in Montgomery, completed in 1851
The foundational document for Alabama's government is the Alabama Constitution, the current constitution was adopted in 2022. The former Alabama constitution adopted in 1901 was, with over 850 amendments and almost 87,000 words, by some accounts the world's longest constitution and roughly forty times the length of the United States Constitution.[213][214][215][216]
There was a significant movement to rewrite and modernize Alabama's constitution.[217] Critics argued that Alabama's constitution maintained highly centralized power with the state legislature, leaving practically no power in local hands. Most counties did not have home rule. Any policy changes proposed in different areas of the state had to be approved by the entire Alabama legislature and, frequently, by state referendum. The former constitution was particularly criticized for its complexity and length intentionally codifying segregation and racism.[ citation needed]
The Heflin-Torbert Judicial Building in Montgomery. It houses the Supreme Court of Alabama, Alabama Court of Civil Appeals, and Alabama Court of Criminal Appeals.
Alabama's government is divided into three coequal branches. The legislative branch is the Alabama Legislature, a bicameral assembly composed of the Alabama House of Representatives, with 105 members, and the Alabama Senate, with 35 members. The Legislature is responsible for writing, debating, passing, or defeating state legislation. The Republican Party currently holds a majority in both houses of the Legislature. The Legislature has the power to override a gubernatorial veto by a simple majority (most state Legislatures require a two-thirds majority to override a veto).
Until 1964, the state elected state senators on a geographic basis by county, with one per county. It had not redistricted congressional districts since passage of its constitution in 1901; as a result, urbanized areas were grossly underrepresented. It had not changed legislative districts to reflect the decennial censuses, either. In Reynolds v. Sims (1964), the U.S. Supreme Court implemented the principle of "one man, one vote", ruling that congressional districts had to be reapportioned based on censuses (as the state already included in its constitution but had not implemented.) Further, the court ruled that both houses of bicameral state legislatures had to be apportioned by population, as there was no constitutional basis for states to have geographically based systems.
At that time, Alabama and many other states had to change their legislative districting, as many across the country had systems that underrepresented urban areas and districts. This had caused decades of underinvestment in such areas. For instance, Birmingham and Jefferson County taxes had supplied one-third of the state budget, but Jefferson County received only 1/67th of state services in funding. Through the legislative delegations, the Alabama legislature kept control of county governments.
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Republican Kay Ivey is the governor of Alabama as of 2025.
The executive branch is responsible for the execution and oversight of laws. It is headed by the governor of Alabama. Other members of the executive branch include the cabinet, the lieutenant governor of Alabama, the Attorney General of Alabama, the Alabama Secretary of State, the Alabama State Treasurer, and the State Auditor of Alabama. The current governor is Republican Kay Ivey.
The members of the Legislature take office immediately after the November elections. Statewide officials, such as the governor, lieutenant governor, attorney general, and other constitutional officers, take office the following January.[218]
The judiciary is responsible for interpreting the Constitution of Alabama and applying the law in state criminal and civil cases. The state's highest court is the Supreme Court of Alabama. Alabama uses partisan elections to select judges. Since the 1980s judicial campaigns have become increasingly politicized.[219] The current chief justice of the Alabama Supreme Court is Republican Tom Parker. All sitting justices
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Alabama
Alabama state laws, regulations, court decisions, and active legislation
Alabama Court Structure
Alabama's court system has four levels: municipal courts for city ordinance violations, district courts for misdemeanors and small civil cases, circuit courts as the general trial courts with unlimited jurisdiction, and two appellate courts — the Court of Civil Appeals and the Court of Criminal Appeals — with the Supreme Court of Alabama as the court of last resort. Alabama is one of few states that elects all its judges through partisan elections.
Supreme Court of Alabama
Tom Parker
300 total judges
- Court of Civil Appeals
- Court of Criminal Appeals
- Circuit Court
- District Court
- Probate Court
- Municipal Court
- Juvenile Court
Alabama is one of the few states with separate appellate courts for civil and criminal cases, similar to Texas and Oklahoma.
Notable Alabama Legal Distinctions
- •Alabama's constitution is the longest in the world with over 900 amendments, many applying only to specific counties
- •The state allows permitless carry of firearms for anyone 19 or older
- •Alabama is one of the few states that does not have a state lottery
- •The state has a unique system where many constitutional amendments apply to individual counties rather than statewide
Alabama Legal Landscape
Alabama's legal landscape is characterized by a conservative approach to governance with minimal state regulation of business, strong property rights, limited tenant protections, and a criminal justice system that includes the death penalty. The state generally follows federal minimums for employment and labor law, with few additional state-level worker protections.
Official Alabama Resources
Explore Alabama Law Further
Alabama Legal Forms
Downloadable state-specific legal forms and templates
Compare Alabama to Other States
Side-by-side comparison tables across all 50 states
Practice Area Hubs
Deep-dive guides by area of law — family, criminal, business, and more
AlabamaQ&A Library
Common legal questions answered for Alabama residents
Key Alabama Laws (23)
Driving Under the Influence of Alcohol or Controlled Substances
Alabama prohibits driving with a BAC of 0.08% or higher, or while impaired by alcohol or drugs. First offenses bring fines of $600 to $2,100, possible jail, license suspension, and substance abuse education. Repeat offenses carry mandatory minimum jail and ignition interlocks.
Permitless Carry of Firearms (HB 272)
Alabama enacted permitless concealed carry in 2023 for those 19+ (18+ military). No assault weapon bans, magazine limits, or waiting periods. Castle Doctrine and Stand Your Ground protections. Local gun regulations preempted. No universal background checks for private sales.
Alabama Uniform Residential Landlord and Tenant Act
Alabama limits security deposits to one month's rent and requires return within 60 days. Landlords must give 30 days' notice for termination and 7 days for non-payment. The state has no rent control or just cause eviction requirements.
At-Will Employment and Right-to-Work
Alabama is an at-will, right-to-work state with no state minimum wage (federal $7.25 applies). Local minimum wage ordinances are preempted. No mandated paid leave. Limited state anti-discrimination protections. Workers' compensation required for employers with 5+ employees.
Assault in the Third Degree
Third-degree assault in Alabama covers intentional, reckless, or negligent injury to another person. It is a Class A misdemeanor with up to one year in jail and fines up to $6,000. Restitution and counseling are common.
Assault in the Second Degree (Battery-Type Offenses)
Alabama prosecutes harmful contact under its assault statutes. Second-degree assault covers serious injuries or attacks with weapons, including against police, teachers, or medical workers. It is a Class C felony with one to ten years in prison.
Unlawful Possession of Controlled Substance
Possessing controlled substances without a prescription in Alabama is a Class D felony with one to five years in prison and fines up to $7,500. Drug court diversion is available for many first offenders and can lead to dismissed charges.
Theft of Property in the Second Degree
Second-degree theft in Alabama covers property worth $1,500 to $2,500, or specific items like firearms or credit cards regardless of value. It is a Class C felony with one to ten years in prison, fines, and mandatory restitution.
Grounds for Divorce
Alabama allows divorce on no-fault grounds like incompatibility, plus fault grounds including adultery, abandonment, and imprisonment. One spouse must be a state resident for six months. Property is divided equitably, not always 50/50.
Joint Custody and Best Interests of the Child
Alabama uses the best-interests standard for custody and favors joint custody when appropriate. Courts consider parental cooperation, the child's preferences, and any domestic violence. Custody can be modified for material changes in circumstances.
Child Support Guidelines
Alabama calculates child support using an income shares model under Rule 32. Both parents' incomes are combined to find a basic obligation, then split proportionally. Support typically continues until age 19 or high school graduation. Deviations require written findings.
Minimum Wage (Federal Default)
Alabama has no state minimum wage and follows the federal $7.25 per hour rate. Cities cannot set higher local minimums. Tipped workers can be paid $2.13 hourly if tips bring them to $7.25. Federal overtime rules apply for hours over 40 per week.
At-Will Employment Doctrine
Alabama follows strict at-will employment, allowing termination for any non-illegal reason. Exceptions exist for discrimination, FMLA violations, workers' comp retaliation, and jury duty. Written contracts and union agreements provide stronger protection.
Wage Payment and Final Wages
Alabama does not require paid sick leave, vacation, or family leave from private employers. Final wages must be paid on the next regular payday after termination. Federal FMLA provides up to 12 weeks of unpaid leave for eligible workers.
Security Deposits
Alabama caps security deposits at one month's rent, with extras allowed for pets or alterations. Landlords have 35 days after move-out to return the deposit or send an itemized list of deductions. Wrongful withholding can trigger attorney's fees.
Termination for Nonpayment of Rent and Eviction
For nonpayment in Alabama, landlords give a 7-day written notice to pay or vacate. If unpaid, they file unlawful detainer in district court. Tenants have 7 days to respond. Self-help eviction like lock-changing is prohibited.
LLC Formation
Alabama LLCs are formed by filing a certificate of formation with the Secretary of State. The name must include 'LLC' and a registered agent must be designated. Fees include a state filing fee plus annual privilege tax. An operating agreement is recommended but not required to be filed.
Deceptive Trade Practices Act
Alabama's Deceptive Trade Practices Act bans misleading sales tactics, false advertising, and bait-and-switch schemes. Consumers can recover actual damages or $100 minimum plus attorney's fees. Willful violations may bring triple damages. The AG can pursue civil penalties.
Motor Vehicle Lemon Law
Alabama's Lemon Law covers new vehicles for 24 months or 24,000 miles. A vehicle is presumed a lemon after three failed repair attempts or 30 days out of service. Consumers can demand replacement or refund minus a use allowance after written notice to the manufacturer.
Intestate Succession
When someone dies without a will in Alabama, the spouse and descendants share the estate based on family circumstances. With shared children, the spouse gets $50,000 plus half. With non-shared descendants, the spouse gets half. Without descendants or parents, the spouse takes everything.
Execution of Wills
Alabama wills must be written, signed by the testator (age 18+, sound mind), and witnessed by two people. Handwritten wills without witnesses are invalid. A notarized self-proving affidavit speeds up probate. Divorce automatically revokes provisions for a former spouse.
Maximum Speed Limits
Alabama default speed limits are 30 mph urban, 45 mph county paved, 55 mph rural highways, and 70 mph rural interstates. School zones and dangerous areas may be lower. Drivers must reduce speed in poor conditions. Excessive speeding can become reckless driving.
Small Claims Jurisdiction
Alabama small claims court handles disputes up to $6,000 in district court. Procedures are simplified, attorneys are optional, and filing fees are low. Common cases include unpaid debts, landlord-tenant issues, and minor damages. Appeals go de novo to circuit court.
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.