Uncontested Divorce Alabama

How to File for Uncontested Divorce Alabama

No one wants to file for an uncontested divorce Alabama, and it is an action that should only be undertaken after significant soul-searching and the realization that your marriage is beyond salvageable. However, if you come to that decision, then an uncontested divorce Alabama can be a relatively simple procedure, especially compared to a contested divorce, but only if you’re confident in your actions and know exactly what forms to file and what the proper timeline for action is.

Step 1: Make Sure You Qualify

In order to get an uncontested divorce Alabama, you must first be sure you qualify for an Alabama divorce. You or your spouse must have lived in the state at least six months to file in the district of residence. You must also be sure that your Alabama divorce is an uncontested divorce Alabama—uncontested means not just that both parties agree to a divorce, but that both parties already agree on the division of property, child support, child visitation, etc.

Step 2: The Settlement Agreement

The Settlement Agreement is for many the hardest and most important part of the divorce. It settles all issues such as child support and the division of property. This will need to be worked out between yourselves quickly for this to qualify as an uncontested divorce Alabama.

Step 3: File a Complaint

To really get the ball rolling on an uncontested divorce Alabama, one party needs to file the form entitled the Complaint for Divorce. This will ask basic identification information as well as the grounds for divorce such as irrevocable relationship breakdown or spousal abandonment. Other forms should also be filed at this time. They include the Testimony of Plaintiff, in which the petitioner certifies the reasons for the divorce and asserts that the Defendant isn’t in the armed forces, an Affidavit of Residency confirming residency, and a Vital Statistics Form which will be used for record-keeping purposes. All these are filed along with The Settlement Agreement.

Step 4: The Response to the Complaint

At this point, the other spouse will need to respond to the “Complaint for Divorce.” This is done in a form called the Answer and Waiver. The court needs to know that the other party knows of the divorce before proceeding with an uncontested divorce Alabama.

Step 5: Additional Forms for Children

There are additional forms that have to be filed if the divorce occurs in a marriage with children. They include the Child Support Information sheet providing information about calculating child support, the Child Support Obligation Income Affidavit CS-41 asking for income information, the Child Support Guideline Form, the Child Support Guideline Notice of Complaint CS-43, and the Standing Pre-Trial Order which prohibits activity harmful for the children. Before the uncontested divorce Alabama can be finalized, a seminar must also be attended called “Children Cope with Divorce.”

Step 6: Attend the Trial Hearing

This will be set as soon as all the appropriate forms are turned in. The Settlement Agreement will be approved, and the uncontested divorce Alabama will be finalized as long as a 30 day waiting period has passed.