Alabama Uncontested Divorce Forms
There are plenty of marriage dissolution forms that spouses have to choose from when they decide to file. While a lot depends on each case, in general, documents needed to file for divorce are:
The first document to file with the court to initiate a marriage dissolution process.
Agreement On The Reason For Your Divorce
When you file for divorce, you need to state the legal reason that your marriage is ending. Alabama’s grounds for divorce includes several fault-based reasons , as well as two no-fault grounds:
- you and your spouse can’t live together because you’re completely incompatible, or
- there’s been an “irretrievable breakdown” of your marriage, and any further reconciliation attempts would be impractical or futile and wouldn’t be in your family’s best interests.
With an uncontested divorce, you and your spouse need to agree on these no-fault reasons. Although the law lists them as separate grounds, they’re essentially the same thingwhich is why some of the state’s standard divorce forms require you to declare both incompatibility and an irretrievable breakdown of your marriage. .)
Can I Use Alabama 3stepdivorce In My Situation
You may use Alabama 3StepDivorce as long as:
you meet the states residency requirement
you and your spouse agree on the no-fault ground for divorce , and
you have an uncontested divorce.
Youll need to have a written marital settlement agreement, signed by both you and your spouse, that covers all of the issues in your divorce. Alabama 3StepDivorce will guide you through the process of creating this agreement, based on your answers to the questionnaire.
Alabama 3StepDivorce can also help if you arent ready to file for divorce, but you want a with your spouse. For instance, you might want to work out arrangements for support, custody of your children, who has to move out of the family home, and how to take care of the bills while youre separated but still legally married.
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How Do I Get Alabama Divorce Documents And Settlement Agreements
Through this website we provide a way to complete an agreed divorce 100% online. You must qualify to use the 100% online process. This website allows you to answer simple questions online and then receive all the necessary paperwork online. All the paperwork is drafted and prepared by a duly licensed Alabama attorney. You and your spouse may then choose to sign and notarize the paperwork online and choose to have the online attorney E-file the paperwork with the court for you.
Alternatively, you can choose to file the paperwork received via this website. You and your spouse simply sign and notarize it, then mail or deliver it to the courthouse. All paperwork you receive via this website is prepared by a duly licensed Alabama attorney. Do not trust just anyone to prepare your paperwork. The divorce judges in Alabama are very particular and will dismiss your divorce case if you do not file the correct paperwork and/or fail to draft the paperwork properly.
Whats The Best Way To Divorce In Alabama
The best way to divorce in Alabama is by agreement with your spouse. You each participate and sign all the paperwork. However, you can still divorce if your spouse is simply unwilling to sign or even if your spouse is missing or not in agreement. But, these situations requires additional steps. The fastest and most simple way is by agreement.
Once you reach an agreement with your spouse, you simply need to submit all the appropriate documents to the court along with a document that spells out your agreements with your spouse. The document that does this is usually referred to as a settlement agreement. This document explains how you and your spouse are dividing your marital property and debts, if any. It will also explain child support, visitation and custody.
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Warning About Websites Selling Divorce Kits Or Typing Services
Be aware that nearly all the online divorce websites do not employ attorneys and as such offer only a typing service that simply inputs your information into their standard divorce documents, which may or may not be all the documents you need for your situation. More important their standard divorce documents may not be acceptable to the Judge. Dont delay having your Final Divorce Decree signed by the Judge due to drafting errors or implement supporting documents. Most Alabama judges have no tolerance for incomplete or inaccurate documents, especially when you obtained them from a non-attorney. In nearly all instances, the judge will dismiss your case. You lose your court filing fee, and will have to re-pay the court to start a new case.
Carefully review any websites offering divorce forms and online services. You will quickly discover that nearly all offer nothing but typing services because they are not attorneys and cannot, by Alabama law, provide you with legal advice or answer your legal questions or even help you make decisions about your case. You will also discover that these non-attorney typing service sites only guarantee that their documents are valid for filing with court.
By Step I Will Walk You Through This Difficult Transition
From showing you how to prepare financially to helping you create a new financial plan for going forward, McClellan Wealth Management is here to help make this difficult transition go as smoothly as possible.
Preparing for divorce is about getting everything together and organized so you know where you stand. Youll want to gather all important documents such as bank statements, birth certificates, deeds, titles, etc. But youll also want to list all streams of income and expenses in order to understand where youre currently at financially. These are all important steps to take before initiating the divorce process.
Then, when it comes to creating a new financial plan, we recommend you create realistic goals and consider how much you want to spend in the future. I believe divorce leads to financial despair because most people dont take these steps after the divorce is final. When I became a CERTIFIED FINANCIAL PLANNERTM, I saw firsthand how many individuals fall back into their old ways and make poor spending decisions. Thats why I believe its important for me to help educate my clients on their financial situation once their divorce is completed. One way we accomplish this is by identifying financial goals and analyzing investments.
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How Can I Save Money On My Alabama Divorce
The first way to save on your divorce in Alabama is by reaching an agreement with your spouse. By reaching an agreement you do not have to pay attorneys to litigate the issues of your divorce or attend mediation. By not overpaying for attorney and other professional services, and the related fees, you can control the cost of your divorce. Keep in mind that most all divorce cases end by agreement eventually, even if you spend thousands preparing for a court battle. In such cases you spend all your money paying an attorney to negotiate, usually with your spouses attorney.
A second way to save is to use Alabama Divorce Online. Once you have your agreement, you answer questions online and then you and your spouse review the paperwork online that reflects your agreements. You and your spouse then may sign and notarize the paperwork online. You can then have us file E-file your case for you and in about 30 days you are divorced. No court visits, no office visits, no driving around looking for notaries. And best of all, you paid a lawyer-free price for our online attorney service.
Uncontested Divorce In Alabama: An Overview
An uncontested divorce in Alabama is also called a simple divorce.
Whereas a contested divorce can be complicated and contentious, an uncontested divorce is often a more simplified process.
In an uncontested divorce in Alabama, the spouses agree on all issues required to terminate the marriage. Ultimately, this makes the divorce faster and cheaper than a contested divorce.
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Serving Your Divorce Papers
After you’ve filed the divorce complaint, you must serve your spouse with the divorce papers. You may have an adult acquaintance hand over the documents to your spouse, rather than paying a law enforcement officer or private process server to do it. Make sure that a return copy is filed in court to show that the papers were served.
You may also serve the documents by certified mail, return receipt requested, as long as you file an “Affidavit of Certified Mailing of Process and Complaint” with the court to confirm that you’ve followed the rules. .)
What To Include In A Separation Agreement
A Separation Agreement includes various key terms, which can differ depending on what responsibilities the married couple wants to outline. This agreement often addresses many of the same specifications as a divorce decree, such as:
Division of marital assets such as property, financial accounts, insurance, business interests, and retirement accounts
Division of debt responsibilities
Spousal support, including maintenance and alimony
Child custody, child support payments, and visitation rights
Allocation of costs such as health insurance and whether spouses are entitled to any specific assets
Responsibilities relating to marital property expenses such as utilities, insurance, and mortgage
Spousal benefits and who will pay for them
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What Documents Are Usually Required
The divorce documents needed varies for a number of reasons. First, you should be aware that divorce documents may vary from court to court as some courts require certain documents specific only to their local court. In addition, each divorce case is unique and contains its own circumstances and scenarios which impacts what documents are needed for each individual case.
For example, one case may involve children and another may not. A case may or may not involve a house, land or other property. In one case a spouse may wish to restore their maiden name and in another a spouse may wish to continue using their married name after the divorce. Each of the aforementioned situations determines which documents and language within the documents are necessary.
Use the appropriate link below to review the list of common documents in an Alabama uncontested divorce. The lists have been divided into two categories:
What Does Your Service Cost
We offer pay-per-step pricing through a flexible pay-per-need service model. And we allow you to make payments on your schedule and when it works best for you.
The cost of our service is $195 or two payments of $99. Our service fee includes access to the website and your online questionnaire, communication with the legal team, and attorney preparation of all the divorce paperwork and instructions.
Pay-Per-Need Optional Services:
Vehicle Power of Attorney: $25
Document Revisions: $50
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How Do I Get The Divorce Process Started
It depends on which type of divorce you are doing. If you are pursuing an uncontested divorce then you can fill out our questionnaire, call us with any questions you have, and basically mail or email us the questionnaire, pay the attorneys fees, and we will contact you when we receive everything. If you are seeking a contested divorce then you will need to call the office for a consultation with one of our divorce attorneys.
Contested Divorce More Expensive
If you and your spouse are unable to come to an agreement on the issues related to the divorce, you will have to endure a long and costly legal process that will include a jury or bench trial. Because your spouse will probably hire an attorney to represent them and protect their interests, you will likely have to do likewise.
Attorneys possess legal expertise that will make the entire divorce proceed more smoothly. Their prior knowledge of court procedures will also help prevent you from making a misstep that could jeopardize your position.
Although an attorney may help you meet certain legal deadlines, there is no guarantee that their involvement will shorten the process. They may engage in a protracted process of investigation to support or undermine claims made by you and your spouse, or participate in negotiations with your spouses legal team that could drag on for weeks or months.
If you have a lot of property to divide, or complicated issues to resolve, an attorney may provide reliable strategies on how best to proceed.
Because most divorce lawyers charge by the hour in a contested divorce you may expect to pay quite a bit more if you and your spouse cannot come to an agreement.
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Process To File Online Divorce In Alabama
Divorce is never easy, but our step-by-step process can make it less stressful. InstantOnlineDivorce.com will prepare all the Alabama court-approved forms you need to file for divorce. The first thing you need to do is qualify to use our service. You can do this by clicking Qualify Now on our home page.
Once qualified, you will answer a few basic questions to register and create your account. After you create your online account, you will begin our step-by-step online interview process. The online interview will give us all the answers we need to complete all the divorce forms you need to file. Through our advanced technology, you can answer the questions at your own pace. All of your answers will save as you go.
After the online questionnaire is complete, we will prepare all of the forms you need to file. You will be able to download your forms from your online account or we can print and ship them to you. Upon receipt of your forms, you will need to sign them and file them with the court.
Create an online account
Simply register online, pay the small fee, gather your papers and ready to get a Divorce.
Answer the questions
Answer each of the questions we will ask you and the forms will be completed for you.
Print & File the documents
What Is An Uncontested Divorce
Simply put, an uncontested divorce is one where you and your spouse agree on all of the issues that need to be resolved. This includes property division, alimony, child support and custody.
Youll save time, money, emotional stress and preserve your relationship with your ex, which you may or may not value going forward. Chances are, no attorneys will need to be involved and you may not even have to appear in court.
Many people go this route with a high degree of success. Others arent able to reach agreements on their own and must resort to other ways to find a settlement.
You do have several options you can pursue. Ultimately, how you decide to move forward will form the basis for all your future divorce-related actions.
To learn more about your options, check out our article on the different types of divorce here.
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Which Forms Need To Be Filed For An Uncontested Divorce In Alabama
For an uncontested divorce in Alabama, youll need to fill in several forms. You can pick up copies at your local county clerks office or online. At a minimum, theyll include:
Complaint. This is filed with a Marital Settlement Agreement , 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 .
CS-47: 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. A notarized document that states the marriage is broken beyond repair and the plaintiffs grounds for divorce. It is also used to declare the defendant is not in the military.
Vital Statistics Form. A certificate of divorce used for keeping state records.
What Can I Do If My Spouse Does Not Do What They Were Ordered To Do In The Divorce
If your spouse was ordered to do something and refuses to do it, then you can take them back to the judge that ordered it and they can find them in Contempt of Court. This means that the judge can make them do it or punish them for not doing it. Sometimes this could mean making them pay fines or additional costs. It could also mean ordering them to jail in cases where someone is not paying child support or can do the thing theyre ordered to do but is refusing to do it anyway for no good reason.
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Where Can You Find Alabama Uncontested Divorce Forms
Alabama Administrative Office of Courts offers divorce forms for couples who opt for a DIY divorce. The Alabama divorce papers are in PDF form and easy to download, print, and fill out.
Plenty of other online divorce services offer free printable divorce forms for Alabama divorces, but you need to make sure they fully comply with state laws.
A marital settlement agreementspells out all the terms of your divorcesuch as alimony, child support, and division of assetsand must be created with utmost care.
You shouldnt take your chances with unreliable online templatesDoNotPay can create a professional marital settlement agreement customized to your needs in record time!
Are There Any Special Considerations For Getting An Uncontested Divorce When Children Are Involved
All the basic steps for an uncontested divorce with children are the same, except youll need to complete and submit additional documentation. This is primarily to make sure custody and child support issues are resolved.
These forms include:
Both parents may also be required to take a Transition in Parenting Class or a Children Cope with Divorce Seminar. A certification of attendance must also be submitted with the rest of the documents listed above.
When child support is awarded, courts will also require the following to be issued:
- A Withholding Order of Payment of Child Support
- Notice to Defendant to let them know about the child support action.
- Instruction for Employer
- Answer to Order of Withholding which actually sets the order into action
- An Order of Service and Return
Learn More: A Guide to Child Support in Alabama
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