How to file for divorce in alabama

All States. Form Used For:. Some individuals filing a divorce, legal separation, or nullification of marriage that do not have children under age This is a form for filing for divorce for individuals without children. This is a form for finalizing divorce for couples without children. If after reading this article, you have specific questions about your case, you should contact an experienced family law attorney for advice. The Alabama Administrative Office of Courts has do-it yourself forms available on its website.

To begin your divorce, you'll need to complete the "Complaint for Divorce" and "Summons," available on the Alabama Administrative website. The spouse filing for divorce is called the "plaintiff," and the other spouse is the "defendant. As you prepare your complaint and summons, you'll need to verify that you're filing the forms in the correct county. This is called "venue" in a divorce.

Either you or your spouse must have lived in the county where you are filing, for at least six months.

In your divorce complaint, you must state that one spouse has been a resident of the county for at least six months, and you'll need to cite a legal ground or reason for the divorce. See Ala. In Alabama, you can file for a no-fault divorce, which is based on incompatibility or irretrievable breakdown of the marriage.

You can also file based on a separation of at least two years. If you file based on your spouse's misconduct, you'll have to prove to a judge that your spouse engaged in specific behavior that caused the divorce. This can be difficult and often results in a longer and more expensive divorce process. Any other issues you want to have the court address should also be identified in the complaint, such as dividing assets and debts , child custody , child support and alimony.

If you and your spouse have agreed on all of these issues, you may be able to do an uncontested divorce. You would need to prepare and sign a marital settlement agreement also called a " divorce settlement " and state that all issues raised in your complaint have been resolved. Filing for divorce means you have given your divorce complaint to the clerk of the circuit court in the county where you are filing.

When you're ready to file, you'll give a copy of your signed complaint to the clerk and you'll receive a copy back with a date stamp and notation showing that it has been filed with the court.

Most counties have a domestic relations or family law self-help department to help you if you have questions. Once your complaint has been filed, you'll need to serve a copy of the complaint on your spouse. To learn more about your options, check out our article on the different types of divorce here.

Uncontested divorces in Alabama are relatively clean and simple. But not everyone can agree on all the issues. Alimony is also another common sticking point in contested divorces.

Alabama divorce laws are somewhat unique in that they allows for both no-fault and fault-based grounds for divorce. With a no-fault divorce, all that needs to be cited is that there is an irretrievable breakdown in the marriage. No other explanations are necessary. This can either be an uncontested or a contested divorce.

A fault-based divorce, which is usually contested, allows a spouse to divorce by stating one of several acceptable reasons. While a no-fault divorce is quicker and less expensive, a fault-based divorce may be a better option if the conduct has an impact on how it is settled.

According to Alabama family law, the grounds for a fault-based divorce in Alabama include:. Prove residency. One of the spouses must have been a resident of the state for six months prior to filing a divorce complaint. You will need to provide proof so that the appropriate jurisdiction for the divorce can be established. Gather your information.

To see what you might need, check out our Ultimate Divorce Checklist here. Complete initial paperwork. File your forms. You must file forms at the Circuit Court of the county where the defendant lives, or in the Circuit Court of the county where the parties lived when the separation occurred.

Proof of service. After you file your complaint, you must legally notify your spouse that they are being divorced. This is accomplished by publishing a notice of the divorce in the local newspaper for four weeks in a row.

After four weeks, if the spouse still has not responded, then the defendant is considered served. Submit proof of service. After a spouse has been served, you must submit proof of service to the courts. At this point, in an uncontested divorce, the court will review your papers, determine if everything is in order, and if so, sign off on your divorce at the end of a mandatory 3-day waiting period.

This is filed with a Marital Settlement Agreement that you or an attorney will draft , and asks the court to end the marriage. Affidavit of Residency. This notarized statement states that the plaintiff meets residency requirements for an Alabama divorce.

An Answer and Waiver. This document acknowledges the defendant has received the divorce papers and waives the right of service to process court proceedings. CS : Provides information about possible child support and must be completed even when no child is involved. Acknowledgment of non-representation : To be completed when one spouse gets an attorney and the other does not. It must be signed by all spouses and be filed at the county court. Testimony of Plaintiff. It is also used to declare the defendant is not in the military.

Vital Statistics Form.