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 much does it cost to get divorce 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 does it take to get a divorce in Alabama?
How long does it take to get a divorce? 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.
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.
How do I get a divorce without going to court in Alabama?
To get an uncontested divorce in Alabama, you and your spouse must agree on all the issues involved in ending your marriage, including: how you’ll divide your marital property and debts. alimony, and. if you have minor children, child custody, visitation, and child support.
How long do you have to be married to get alimony in Alabama?
Although the new rules in Alabama limit 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 support, the court can grant permanent alimony as stated above.
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.
Do you have to be separated for a year to get a divorce in Alabama?
Legal Separation Code 30-2-40. State law does not mandate couples undergo a period of separation before they get divorced. However, in some cases, judges have been known to issue temporary separation orders before he or she will grant a divorce.
Can I divorce without going to court?
Divorce without court is exactly what it sounds like. There are ways to divorce without ever setting foot in a courtroom. Typically you’ll choose from one of three options: 1) collaborative divorce, 2) mediation, or 3) uncontested divorce.
Does it matter who files for divorce first in Alabama?
The spouse who files first in the divorce is the plaintiff. The other spouse is the defendant. Being the plaintiff has certain advantages. This spouse gets to start on the offense and set the initial tone of the divorce.
Is Alabama an alimony state?
In Alabama, the judge will award rehabilitative alimony to one of the spouses only if all of the following are true: that spouse doesn’t have the means to be self-supporting at the same economic level as during the marriage. the other spouse can pay support “without undue hardship,” and.
Can you get divorced without the other person signing?
Applying for a divorce can be a difficult decision to make, especially if you’re not sure your partner will sign your petition. Crucially though, you don’t need your partner’s consent to get a divorce. Although it may be a long process if your partner doesn’t comply, they won’t be able to stop you indefinitely.
Is Alabama a no-fault divorce state?
In Alabama, couples have the option to file for divorce using the state’s no-fault or fault-based procedure. A no-fault divorce is available in all 50 states because it is the most streamlined way to end a marriage.
Who serves divorce papers in Alabama?
Serving Your Spouse With Divorce Papers In Alabama, a plaintiff cannot deliver divorce papers personally to their spouse, but anyone who is over 18 and who is not a party to the divorce can do so. This is usually done by a professional process server, a sheriff or constable.
Is there an abandonment law in Alabama?
According to Alabama law, you can divorce your spouse for their “voluntary abandonment of bed and board” for one year or more as of the time you file for divorce. Your spouse can be considered to have abandoned the marriage if they moved out and you have little to no contact with them.
What is a default divorce in Alabama?
A default divorce occurs when the party against whom the divorce suit is brought fails to respond within the time limit set by law. If the defendant files a response to the complaint, the case will be set for a trial.
Who gets the house in a divorce in Alabama?
Alabama courts always prefer that the spouses decide amongst themselves who gets the house and all marital assets. Courts will only step in and make a decision if the couple is not able to arrive at one themselves or with the help of their lawyers.
How does a wife get alimony?
You can ask for alimony as part of a divorce proceeding. If you and your spouse reach an agreement about alimony, you can ask the judge to make the agreement a part of the court order. If you cannot reach an agreement, the judge will decide whether you are entitled to alimony.
Does adultery affect alimony in Alabama?
The Effect That Adultery Has on Alimony In Alabama In the state of Alabama, infidelity by a spouse is not a bar to alimony for the offending spouse. In some situations when adultery was a substantial factor in the dissolution of the marriage, however, a judge may withhold an alimony order from a spouse.
Is infidelity grounds for divorce in Alabama?
Adultery is one potential grounds for divorce in Alabama. Filing for divorce on the grounds of adultery may affect how a court determines alimony, child support, property division, or other issues.
How long do you have to be married to get half of 401k in Alabama?
In other words, retirement accounts and benefits are divisible in Alabama if you have been married for at least 10 years and the account was not maximized prior to the marriage.
What happens to house in divorce Alabama?
Alabama is considered an equitable distribution state, as opposed to a community property state. What this means is property and debts shared by divorcing parties are divvied up in a way that is most fair and equitable.
How is debt divided in a divorce in Alabama?
In Alabama, debt and assets are divided in an equitable fashion. That means that, rather than being divided 50/50, debt is split up in a way that is fair to both parties.
What can you not do during a divorce?
- Don’t use your children to get at the other person.
- Don’t make threats to, or cause harassment to the other person.
- Don’t think you are going to take the other person “to the cleaners”.
- Don’t try to hide money or assets.
- Don’t be unrealistic about cost.