The basic forms are the divorce complaint, marital settlement agreement, testimony of plaintiff (affidavit), affidavit of residency, child support information sheet (CS-47), and the vital statistics form. You must file the uncontested divorce documents with the clerk of the court and pay a filing fee.
How do I get a divorce without going to court in Alabama?
Steps for an Uncontested Alabama Divorce
- Meet the Residency Requirements. …
- Prepare your Initial Divorce Papers. …
- Settlement Agreement. …
- File your Initial Divorce Papers at your County Court. …
- Serve your Spouse Divorce Papers. …
- Submit Proof of Service to the Court. …
- Complete Additional Divorce Forms.
Do both parties have to sign divorce papers in Alabama?
When just one spouse files a complaint for divorce, they are required to “serve” the paperwork on the other spouse. If the divorce is amicable, the other spouse can just sign for the paperwork at the courthouse, which will speed up the process. Otherwise, there is a slight variation to this time.
How much does it cost to file divorce in Alabama?
Costs associated with divorce varies based on the property and other issues, such as child custody, that are involved but in general, the website found the divorce filing fee in Alabama is $208 with an average hourly attorney fee of $296.
What documents do I need to get a divorce?
Before the divorce process begins, your attorney will need information about your marriage and the official documentation attached to it. These will include income tax returns and proof of other forms of income related to any marital debt, assets, property valuations, and so forth.
Can you file for divorce in Alabama without a lawyer?
You don’t need to hire a lawyer to obtain an uncontested divorce in Alabama and can represent yourself during the process. However, even though there is no court battle in an uncontested divorce, hiring an attorney can still assist spouses through the uncontested divorce process.
How much is a uncontested divorce in Alabama?
$290 for uncontested divorces in Alabama without minor children. $390 for uncontested divorces with minor children of the marriage. There is also a filing fee that varies from county to county. Whether it is an uncontested divorce or contested divorce, the filing fee is usually the same.
Is Alabama A 50/50 Divorce?
Alabama is an equitable distribution state. This means the divisions of assets and liabilities should be fair and equitable. This does not mean 50/50. The property that each spouse brought into the marriage is considered his/her separate property and is awarded back to the spouse upon divorce.
What proof is needed for adultery in Alabama?
In order to prove adultery there must be actual proof of at least one act of illicit sexual intercourse. In general, Alabama law requires that there be some proof of either an expressed or implied agreement between the two persons that they have committed adultery and that the relationship will continue to some degree.
Does Alabama require separation before divorce?
In Alabama, you can file for a no-fault divorce, which is based on incompatibility or irretrievable breakdown of the marriage. You can also file based on a separation of at least two years.
How long does it take to get divorce in Alabama?
An uncontested divorce usually takes about 6-10 weeks after everything has been signed by both spouses and filed with the court. A contested divorce can take anywhere from 30 days to months or years, depending on if there is a trial or not.
How many years do you have to be married in the state of Alabama to get alimony?
Although the new law in Alabama limits alimony to 5 years, one exception is when a couple has been married for more than 20 years. In those cases, if a party can convince the court of a need for the support, the court can award permanent alimony.
Can you date while separated in Alabama?
In Alabama, it is not illegal to date while you are legally separated. … A legal separation does not terminate a marriage, so if you do decide to get married to someone else, you must file for divorce from each other first or you would be technically married to two people at the same time.
Do you have to provide bank statements in a divorce?
For further clarification, you are not required to file pay stubs, bank statements or tax returns with the court. In fact, the court does not want those things in the court file unless there is a need for them as part of a contested hearing.
What can you not do during a divorce?
Here are the top 10 tips on what to avoid when filing for divorce.
- Don’t Get Pregnant. …
- Don’t Forget to Change Your Will. …
- Don’t Dismiss the Possibility of Collaborative Divorce or Mediation. …
- Don’t Sleep With Your Lawyer. …
- Don’t Take It out on the Kids. …
- Don’t Refuse to See a Therapist. …
- Don’t Wait Until After the Holidays.
How do I start the divorce process?
STEP 1: First Motion involves joint filing of divorce petition. STEP 2: Husband & wife appear before court to record statements after filing of petition. STEP 3: Court examines petition, documents, tries reconciliation, records statements. STEP 4: Court passes order on First Motion.