Uncontested Divorce in Alabama

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Alabama, located in the Southeastern region of the USA has its own statute pertaining to divorce. Laws are formed for contested cases and uncontested cases. A contested divorce means that the divorcing partners want the court to take decisions regarding the major issues, as the partners are unable to agree on all the terms. On the other hand, spouses go for uncontested process when they want to split on good terms thereby reaching a mutual agreement. In a pursuit to save time, money and reduce tension, many spouses prefer to file for an uncontested divorce in Alabama and as such this particular procedure has become very popular in the state.

In any state, there are certain requirements to file for and obtain an this type of divorce. Although this is a slightly flexible process, separating partners have to meet those requirements and abide by the laws of their state. When you decide to take an uncontested divorce in Alabama, you must learn about the basics of this process. We have gathered some important information related to all these in order o help you.

Residency Requirements

If any of the spouses is not residing in Alabama, the Plaintiff must be residing in this state for a period of minimum six months before beginning the action. There are 3 options for filing the action which are as follows:

  • If the defendant is not a resident of this state, then the action can be filed at the county, the plaintiff resides.
  • The action can be filed at the county,the divorcing partners lived when they separated.
  • The county, the defendant resides can be chosen to file the action.

Divorce Grounds

An uncontested case can be filed on the basis of the following grounds:

No-fault Grounds

  • Willful separation for a period exceeding one year
  • Failure of divorcing partners to reside together due to incompatibility of temperament
  • Irretrievable breakdown of the marriage

Fault Grounds

  • Lack of ability to consummate marriage
  • Abuse or reasonable fear of physical abuse
  • Wife has become pregnant due to a man other than her husband, and the husband has no knowledge about such a happening
  • Confinement due to incurable insanity for more than 5 years
  • Drug abuse
  • Alcoholism
  • Unnatural sexual conduct prior to or post the marriage
  • Imprisonment in this state or any other state for more than 2 years for a sentence of more than 7 years
  • Husband and wife live separate and apart without cohabitation for more than 2 years and the husband does not support the wife

Some Important Points Regarding Uncontested Divorce in Alabama

In Alabama, the partner who files the action is termed as the Plaintiff. The other partner is known as the Defendant.

Venue: The venue for filing the action is the Circuit Court of the county.

Summary divorce: This state does not execute a summary divorce. There is a need of a precise proof to endorse a default judgment. However, if the form is signed by a Defendant and a credible witness, then then Acceptance and Waiver of Service is allowed.

Waiting Period: Once Summons and the Complaint are filed, there must be a gap of 30 days after which the judge can issue a final judgment. The court clerk is supposed to take testimonies in the form of transcripts of oral depositions or sworn statements.

During this waiting period, the judge is empowered to issue any temporary orders related to temporary child custody, visitation, spousal maintenance, etc.

Once the judge signs the divorce order and the process is final, both the parties must wait for sixty days in order to remarry.

Forms Pertaining to Uncontested Divorce in Alabama

If the uncontested case does not involve children, certain forms must be filed by the plaintiff, like -

  • Vital Statistics Form
  • Alabama Certificate of Divorce
  • Affidavit of Residency
  • Testimony of Plaintiff
  • A Waiver, Answer and Agreement for taking testimony
  • A Complaint that is generally filed concurrently with the Marital Settlement Agreement

In case, children are involved in the process, then in addition to the above forms the plaintiff has to file the below mentioned forms:

  • Child Support Guideline Notice of Compliance CS-43
  • Child Support Guideline Form CS-42
  • Child Support Obligation Income Statement / Affidavit CS-41
  • Child Support Information Sheet CD-47
  • Certificates of attendance of the Children cope with Divorce seminar
  • Standing Pre-Trial Order

When the Withholding Order Payment of Child Support is served, specific forms must be filed:

  • An Order of Service and Return
  • Answer to Order of Withholding
  • Instructions for Employer
  • Notice to Defendant

In order to file for an uncontested divorce in Alabama, you should consult a family law attorney who will guide you from start to finish. If you cannot afford to hire the services of an attorney, you must do some research about the requirements of the process. Thus you will be able to prepare proper paperwork for your uncontested case.

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