What Forms Do I Need to Get a Divorce in Alabama?

 

The precise Alabama divorce papers you’ll need will depend on the type of divorce you pursue.

Today we’ll discuss four primary paths the person filing for a divorce in Alabama may take and the required forms for each.

But before explaining the different divorce forms in Alabama, the attorneys at Summit Family Law will explain some basics about divorce in Alabama.

This should help you identify which set of forms applies to your situation.

However, it is always best to consult with an experienced divorce lawyer to ensure that you don’t make any mistakes or fill out unnecessary forms which could set your divorce timeline back.

What’s the Difference Between Contested vs. Uncontested Divorce in Alabama?

There are different divorce papers for Alabama contested and uncontested divorces.

In an uncontested divorce, you and your spouse agree on all of the major issues involved, like the division of marital property.

A contested divorce, however, means that you and your spouse do not agree on all of the major issues involved. In fact, you may disagree on whether to get a divorce and the reason.

Alabama Forms for Uncontested Divorce without Minor Children

Below are the Alabama divorce papers you’ll need if you’re filing an uncontested divorce and you and your spouse do not share any minor children.

• Summons: This provides information about the court where the case is filed and any important dates or deadlines.
• Certificate of Divorce: This document has basic information about the couple, the marriage, and the divorce.
• Divorce Complaint: This states the legal reason or grounds for divorce. Typically, in an uncontested divorce, the grounds the spouses select don’t place blame on either party.
• Answer and Waiver of Service: The other spouse fills out and signs this document, agreeing to the divorce and agreeing to accept service, so the filing spouse doesn’t need to hire a process server.
• Affidavit of Testimony: This is a sworn statement by the filing spouse supporting the facts in the complaint.
• Settlement Agreement (if applicable): If the spouses have shared assets, the marital settlement agreement will outline the spouses’ agreement on these and other issues. This agreement gets filed along with all the uncontested divorce paperwork.
• Final Judgment of Divorce: This must be filled out by the filing party, and the judge will sign it after reviewing the paperwork. This document finalizes the divorce.

Each Alabama court may require different or additional forms, so be sure to check with your court clerk before filing.

Alabama Forms for Uncontested Divorce with Minor Children

For an uncontested divorce with minor children, you’ll need all of the Alabama divorce forms for an uncontested divorce without children listed above.

However, the complaint in a divorce involving children must include a proposed custody arrangement.

In addition, you’ll need the following:

• Child Support Income Affidavit: This document provides information about each parent’s income and expenses.
• Child Support Worksheet: This form calculates the prospective child support order.
• Child Support Guidelines Notice of Compliance: This document states that the parties used the other forms to calculate child support correctly.
• Divorce Decree: This is the same as the divorce decree above, but it can also include paragraphs incorporating income withholding or relocation orders.
• Income Withholding Order: This form is for the judge to sign so that any child support can be withheld from the payor’s income.

The essential forms might vary from jurisdiction to jurisdiction. Be sure to check with your local district court to be sure you have all of the forms you need for an uncontested divorce.

Alabama Forms for Contested Divorce without Minor Children

A contested divorce means that the spouses disagree on major divorce issues.

There are fewer forms for a contested divorce because all of the primary documents that start a divorce will be highly specialized for your situation.

However, below are some common documents you’ll need for a contested divorce:

• Certificate of Divorce: This document contains information about the divorce, which will ultimately be filed with the Alabama Department of Public Health.
• Divorce Complaint: This will set forth the grounds for divorce and the filing spouse’s desired outcome.
• Summons: The summons provide the parties with information about response deadlines and court dates.

You should consult an attorney to ensure that your divorce paperwork accurately reflects your desires.

Alabama Forms for Contested Divorce with Minor Children

In addition to the forms listed above for a contested divorce without children, you’ll need to add a Custody Affidavit if you have shared children. This sets forth information about the shared children.

Contact Summit Family Law for Help with Divorce Papers

If you’re getting a divorce, you don’t want to fill out and file the wrong paperwork and get things started on the wrong foot.

Nor do you want to make mistakes that may set you and your timeline back. Fortunately, you don’t have to try to figure out Alabama divorce papers on your own.

The experienced divorce attorneys at Summit Family Law can help you through this difficult time and guide you through the divorce process.

Contact us online or call (256) 649-2335 today for a consultation.

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