Alabama Divorce Forms & Papers

Divorce Papers > Alabama Divorce Forms & Papers

A divorce is a difficult phase for couples to go through. The decision to call off a marriage is not a hasty one as there are a lot many lives associated with the marriage. Spouses have to think at least before taking this major step. However if there is nothing that can be done and it becomes difficult to go on with a failed marriage, it is always better to call off the marriage and lead separate, independent lives. When going through a divorce everyone would wish to have a hassle free and stress less separation. One should be aware of the divorce laws and the filing process in order to make sure that the procedure is quick and less time consuming. Alabama divorce forms and papers can be obtaining online for a quick procedure. One should however know about the divorce laws and requirements if you wish to file a divorce without any legal guidance or if you wish to do it all by yourself.

Residential requirements to file a divorce in Alabama:

The requirements for a no-fault divorce in Alabama are as follows:

The spouse who files for the divorce must have been a resident of the state for at least 6 months before filing for divorce. One can file the divorce in: 1) the county in which the defendant resides; 2) the county in which both spouses resided at the time of separation; or 3) If defendant is a nonresident of Alabama, the plaintiff may file in the county where he/she resides. [Code of Alabama; Title 30, Chapters 2-4 and 2-5). For more information on filing divorce see our page on how to apply for a divorce.

Legal grounds for a divorce in Alabama:

The legal grounds for divorce in Alabama are as follows: No-Fault: 1) Irretrievable breakdown of marriage; 2) complete incompatibility of temperament such that the parties can no longer live together; 3) voluntary separation for over 1 year. [Code of Alabama; Title 30, Chapter 2-1].

Whereas a fault based divorce could range from, 1) adultery, 2) drug addiction, 3) alcoholism, 4) imprisonment, 5) living separate for over two years without cohabitation, 6) physical abuse or abnormal sexual behavior, 7) incurable sanity for a considerable period of time, 8) wife being pregnant at the time of marriage by someone else without the knowledge of the husband, 9) physically unfit to consummate the marriage.

Do It Yourself Divorce:

When doing a do it yourself divorce one can have it done on an agreed basis or a default basis. An agreed divorce is the one that is done by most people because of its simplicity and its quick procedure.

In an agreed divorce, both the spouses agree upon the terms and conditions of the divorce. The document is signed by both the parties and they usually agree upon terms such as property distribution, child custody, and alimony. This is the simplest form of divorce and getting a divorce on an agreed basis is without any hassles.

A default divorce on the other hand is not signed by one of the spouses. Although a divorce is granted in such a situation, however, the spouse filing for divorce need to submit proof in the court that the other spouse is not reachable and that they are unsure about their existence. One should also submit proof in the court showing the spouses' efforts to trace the partner has been exhausted. This would include an advertisement in the newspaper or any other medium. In a default divorce the spouse filing for divorce usually gets everything as per law and the other's spouses consent is disregarded or taken as default.

Procedure to file a divorce:

One has to follow three basic steps to file a divorce. This includes:

Filing the divorce papers
Notifying the spouse
Attending the hearing

USE THESE WORDS IN THE COURT DOCUMENTS FOR ALABAMA ONLY

Use these exact words, all in capital letters: IN THE CIRCUIT COURT FOR COUNTY, ALABAMA
Use these exact words, all in capital letters: COMPLAINT FOR DIVORCE
Use the word "Plaintiff". Be sure the "P" is capitalized.
Use the word "Defendant". Be sure the "D" is capitalized.
Use these exact words, all in capital letters- JUDGMENT FOR DIVORCE
Use the word "County" here.

For detailed divorce laws in Alabama state, please see Alabama Divorce Laws page.

Free Alabama Divorce Forms for Download

Following divorce forms are free for download. Most of the forms are provided with instructions on how to fill the form. To download any of these divorce papers and forms just right click on the link and select "Save As...".