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.
Where do I get divorce papers in Alabama?
In Person in Alabama: You may go to any county health department in the State of Alabama to obtain a certified copy of an Alabama divorce certificate. Most divorce certificates can be issued while you wait.
Can I do my own divorce in Alabama?
No divorce is easy, but residents of Alabama have the option of filing for an uncontested divorce. Uncontested divorces are simpler, faster and often can be completed without the aid of an attorney.
Do I need an attorney to file for divorce in Alabama?
Many couples find that they can navigate the uncontested divorce process without hiring lawyers. Also, with an uncontested divorce, you may be able to use a service to file for divorce online.
How much does an uncontested divorce cost in Alabama?
As of 2019, it costs a plaintiff $290 in filing fees for an uncontested divorce in Alabama. If there is a minor children in the marriage, that amount rises to $390. Each Alabama county also has a separate filing fee.
Can you get a divorce without going to court?
In short, no. The court is an integral part of the process but you do not have to attend at court unless you require a judge to adjudicate a dispute between you.
How much does a divorce cost in Alabama?
In general, filing and completing a divorce in Alabama will cost around $200-$350. The average cost of filing for divorce in Alabama is usually around $215-230. If you have a contested divorce case in Huntsville, Alabama, the costs will be much steeper.
How long do you have to be separated before divorce in Alabama?
Waiting Period for Alabama Divorce The waiting period to obtain a divorce in Alabama is very short – just 30 days. Of course, the vast majority of divorce cases are not resolved in this time because there are often complicated issues or disputes that need settled, and that often means the process will take longer.
How long does an uncontested divorce take 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.
What is the cheapest way to get a divorce in Alabama?
You have several options to dissolve the marriage legally. One of those options is an uncontested divorce. In Alabama, an uncontested divorce is the easiest, least expensive and least stressful of your divorce options.
Does the wife get half in a divorce in Alabama?
Alabama is not a community property state in which all assets are split 50/50 and divided between the couple. Alabama is an equitable distribution state, which means that assets gained during the marriage or used for the benefit of the marriage should be split in a fair and equitable way.
Can you get a divorce without the other person signing in Alabama?
You can, in most cases, still get a divorce even if the other spouse is not ready. A divorce that is filed without an agreement is called a contested divorce in Alabama. The first thing you need in filing for any type of divorce is grounds. In Alabama, you can file for divorce without fault attributed to either spouse.
How long after divorce can you remarry in Alabama?
In Alabama, final divorce decrees end a marriage as of the date of the decree, and neither former spouse is allowed to remarry for 60 days after the decree. A divorce decree for a fault-based divorce may also indicate whether the at-fault spouse is allowed to ever remarry.
Can I file for divorce online in Alabama?
If everyone is in agreement about all issues in the marriage such as child support, custody, and property division then you might be able to get a simple online divorce in Alabama. In order to keep it simple and inexpensive and be able to do it online all parties must be in agreement.
Who has to leave the house in a divorce in Alabama?
While there is no law that says you have to live together, there is no law that states you must split up either. Typically, judges only force one party to leave while a divorce is pending if there are safety concerns, such as drugs, alcohol, or physical violence.
Can you get divorce without your spouse signature?
Overview: It is not necessary that both the spouses have to agree to file for a divorce. One of them may file for a divorce without the others’ consent if they are sure that they have strong grounds for breakdown of the marriage.
What is a default divorce in Alabama?
In Alabama, a default divorce is a divorce that the court orders when the responding spouse does not respond to the divorce petition within a specified time limit. Generally, that time limit is thirty days.
What happens after divorce papers are signed?
Once the Judge grants your divorce you are for all practical purposes divorced from that moment on divorced. Usually in about two weeks the Decree of Divorce will be available at the Court Registrar and your attorney will collect it and arrange that you get a copy of the decree.
Who pays for a divorce?
There appears to be a myth that the person being divorced (known as the Respondent) always pays the fees for a divorce, when in reality this is not the case in the majority of divorce cases. The person filing for the divorce (known as the Applicant) will always pay the divorce filing fee.
How do I start a divorce?
- Consult a Lawyer. The first thing to do after deciding to get a divorce is to consult and brief a divorce lawyer about the divorce.
- Ground for divorce.
- The Two-year rule.
- Divorce Process.
- Filing a Petition.
- Hearing of The Petition.
- Judgment, Decree and Divorce Certificate.
Is it possible to get divorce within a month?
It’s not possible to get a mutual consent divorce within 6 months of marriage. If the wife is not ready for divorce then it is out of question to get mutual consent divorce. The only way is to file a contested divorce which will take time.
How many years do you have to be married in Alabama to get alimony?
Permanent alimony – It’s rare for the courts to award one spouse permanent alimony. Generally speaking, the spouses must have been married for at least 20 years, and the recipient spouse must demonstrate a significant financial need for the judge to award permanent alimony.
How long does it take to get a divorce if both parties agree?
A divorce or dissolution will take at least 6 months to complete, even if your circumstances are straightforward. It might take longer if you need to sort out issues with money, property or children. These things will be dealt with separately to your divorce or dissolution.
What is considered marital property in Alabama?
All property acquired by a couple during their marriage will be considered marital property. Meanwhile, property that was acquired before marriage or through inheritance is generally considered separate property. However, separate property can become marital property, and this is sometimes where it can get tricky.
Is there a homewrecker law in Alabama?
The ‘Homewrecker’ law, which is also called the alienation of affection lawsuit, is a law that enables someone to sue a third party for damages incurred due to the break up of their marriage. At the time of writing this, however, legislation has been passed to abolish alienation of affection laws in Alabama.