Alabama certificate of divorce forms

Hire a mediator.

How to File for Uncontested Divorce in Alabama

If the parties want an uncontested divorce but are having difficulty agreeing on some of the terms, they should consider hiring a mediator. A mediator is an independent party that meets with each spouse and attempts to guide the parties towards an agreement. You can locate mediators or learn more about divorce mediation by calling the Alabama Dispute Resolution Center at An Alabama attorney can also assist you with divorce mediation.

Establish Alabama residency. Alabama requires that at least one of the spouses must have resided in the state for at least 6 months before he or she can file for divorce.


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Draft a Divorce Complaint. A Divorce Complaint is the legal document that a party must file to begin divorce proceedings.

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The Complaint must provide the following information: The name and address of the person filing for divorce plaintiff. The name and address of the non-filing spouse defendant. That both parties are at least 19 years old. That the plaintiff has resided in Alabama for the previous 6 months. The date and location that the couple was married.

The grounds for divorce or that the parties are seeking a no-fault divorce, which means the spouse filing for divorce does not need to show that the other spouse did something wrong. The names, dates of birth and social security numbers for any children. The date the parties separated and began living separately [7] Attach a certified copy of your marriage certificate to the Complaint.

Establish the grounds for your divorce. If you are asserting that your spouse did something wrong, which caused you to seek a divorce, you must set forth a legally recognized reason in your Complaint. Identify the proper court. When preparing to file your documents, you must make sure that you are filing the Complaint in the county where either you or your spouse has resided for at least 6 months prior to filing for divorce.

Alabama circuit courts have jurisdiction over divorce proceedings. If the defendant lives in Alabama, the plaintiff should file the Complaint in the county where the defendant resides. If the defendant does not live in Alabama, the plaintiff should file the Complaint where he or she has resided for at least 6 months prior to filing for divorce. File your Divorce Complaint. You should contact the court clerk and ask him or her to identify any additional forms and fees that you are required to bring when filing your divorce case. Generally, you need the following: An original and two copies of the Complaint to be stamped by the court clerk.

A filing fee. Serve your Divorce Complaint. You can provide your spouse a copy of the Complaint in the following ways: Ask your spouse or his or her attorney whether they will agree to accept delivery of the Complaint. This acceptance must be in writing and signed by the spouse accepting service and by a witness. Ask the court clerk for an Acknowledgement of Service form, which you will have to complete, attach the written delivery acceptance, and file with the court.

How Do I File for Divorce in Alabama

You can hire a qualified person, such as a sheriff or constable, to serve the Complaint. Once they serve the Complaint, they will notify the court. If your spouse will not accept service, ask the court clerk whether you can send it to his or her address via certified mail.

The defendant has 30 days to file an Answer, which is a formal legal response to the Complaint. If the defendant files an Answer, the case will be set for trial, unless the parties can negotiate the terms of the divorce. If the defendant fails to file an Answer within 30 days, the Plaintiff can file a Request for Divorce Judgment by Default. If you are not asking for assets to be divided and you have no children, the court may enter a judgment without a hearing. If you are asking the Court to divide property or assign custody, the Court will hold a default hearing.

Alabama Stat Form

At the hearing, the judge will determine whether you have grounds for the divorce. If the court finds that there are sufficient grounds, it will finalize the terms of the divorce, including property division, custody, child support and alimony. You must use your best efforts to notify your spouse of the hearing. After a decision is made at the hearing, your spouse has 30 days to file a motion to overturn the default judgment.

Make your financial disclosures. The county where you filed for divorce may require both parties to make financial disclosures.

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You may be required to turn over all documents that relate to the following: Income, assets and debts. Tax returns, bank statements, and credit card statements. Personal financial statements and any other documentation that contains relevant financial information. Attend your court hearing.

If your spouse files an Answer or you filed for default judgment, you must attend a court hearing where the court will make a final decision on all of the terms of the divorce. At the hearing, the parties will be allowed to present witnesses and evidence to help support their case.


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Judges will try to have the parties resolve their differences and may even hold multiple hearings in order to give the parties time to reach an agreement. If the parties cannot agree, the judge will make the following determinations: An equitable division of property [15] Alimony [16] Custody and visitation arrangements [17] Child-support [18]. Proper filing and service of documents and payment of related notary, court and filing fees are the responsibility of the purchaser.

The legal documents offered from this website are intended to be used within thirty 30 days from the time of purchase. Works with Microsoft Internet Explorer 7. Legal kit includes the forms you need to file an uncontested, no-fault divorce in Alabama, for couples with or without children. Contains printable filing instructions and online Guidance Notes with tips and requirements for properly executing your document.

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