Serving Divorce Paperwork In Alabama
When you file for divorce, your spouse must be served with the papers. This means your spouse must be given notice and provided with a copy of the papers you filed.
You are not allowed to serve your spouse yourself. The papers must be served by someone who is not a party to the case and who is at least 18 years old.
You can hire a private process server, pay a fee to the sheriffs office to serve the papers, have your spouse sign an acknowledgement they received the papers or send them via certified mail with return receipt requested.
If you are unable to find your spouse, you can post a notice of your filing in a local newspaper.
Your spouse must be served within 30 days of the time you file your petition for divorce with the court.
What If My Spouse And I Cant Agree On The Issues In Our Divorce
Just because you havent been able to agree with your spouse about everything in your divorce, that doesnt necessarily mean that you have to go through an expensive and time-consuming contested divorce. You could trydivorce mediation. If youre able to resolve your disagreements with the mediators help, you can then use Alabama 3StepDivorce to prepare the written settlement agreement, along with the other divorce paperwork.
How An Online Do
| Your state Qualifying Form will walk you through the account creation process. The short process of establishing your account will quickly get you started on completing your paperwork. |
| Complete Online QuestionnaireAnswer a few easy questions and most customers can answer all the questions in less than 1 hour. Keep in mind that you can complete the questions at your own pace as well as share the login information with your spouse for his or her participation if desired. All of the questions you answer are saved and you may alter each answer at any time. |
| Print, Sign & FileAfter all the questions are answered, you will instantly generate and print your completed forms and filing procedures to file your divorce. You may reprint or alter your forms as many times as necessary with no additional fees.
You also have the comfort of unlimited free product support by phone and e-mail. Our support team is here to help you from start to finish. If you’re not ready to file for divorce, learn more about getting your Separation Agreement. Most Judges and Lawyers will tell you that the biggest mistake separated spouses make is not having a signed Separation Agreement. |
Recommended Reading: How To Check My Divorce Status Online
How Much Is Alabamas Filing Fee For Divorce
In Alabama, the court fees to file divorce papers can vary considerably from county to county. For instance, the fee is $324 in Madison County but about $200 in several other counties. Check with the court clerks office in the county where youll be filing to find out the current local fee and the payment methods they accept.
How To File For Divorce In Alabama:
If you have no minor children and no assets or debts in which you want the Court to divide you can file a Divorce Complaint and wait for your spouse to file an Answer to Divorce Complaint. If your spouse does not file an answer within 30 days of receiving your Divorce Complaint you can file a Request for Divorce Judgment by Default which ends the Marriage. If you have assets or debts that you cannot agree upon who gets what and/or children you need to contact a lawyer or paralegal to get a Divorce.
Don’t Miss: Divorce Attorney Bowling Green Ky
What Is A Default Divorce
A default divorce process is similar to an uncontested one.
The biggest difference is that in an uncontested divorce, the defendant can file a response agreeing to all terms as part of a final settlement.
A default divorce can be ruled by the courts when the defendant is non-responsive to all requests within the prescribed 30-day timeframe.
In a default divorce, a judge has the option of granting the divorce if, after diligent attempts to make contact, the defendant cant be found, and those efforts are presented as evidence to the court.
If an uncontested divorce is not specified, then without a response, a petitioner may be able to file a Motion for Default instead. This allows a divorce to be finalized without the participation of one of the spouses.
Judges can be reluctant to grant default divorces, especially when children are involved.
How Long Does An Uncontested Divorce Take In Alabama
Alabama divorce laws require at least 30 days must elapse from the filing of a complaint before a final judgment of divorce can be entered.
An actual final judgment may take longer, depending on the courts backlog, if more documentation is required, or other extenuating circumstances are part of the case.
You May Like: Filing For Divorce In Macomb County
Contact An Alabama Divorce Lawyer Today
If you have questions about how to file your uncontested divorce complaint, or if you have any other questions about uncontested divorce in Alabama, contact an attorney today.
An experienced Alabama divorce attorney can help to make a stressful and emotional process feel more manageable.
The legal team at Dagney Johnson Law Group has been helping clients in Alabama through the most difficult times in their lives for over 40 years. We hope to have the opportunity to help you too.
Contact us online or by phone at for a free case review to see what we can do for you.
What Are The Grounds To File For Divorce In Alabama
When you file for divorce in Alabama, you must provide a reason. This is called grounds for divorce.
Alabama allows for both fault and no-fault divorces. In a no-fault divorce, the grounds for ending the marriage are a total breakdown of the marriage with no chance for reconciliation. No fault divorces tend to be easier and cheaper than fault divorces.
If you wish to proceed with an at-fault divorce, you must be divorcing for a specific reason. Examples of grounds for a fault divorce include the following:
- Abandonment by your spouse for at least a year immediately prior to your divorce filing
- Your spouse was sentenced to at least seven years in prison and served at least two of them prior to the time you file for divorce
- Your spouse is addicted to certain drugs or alcohol
- Your spouse committed a crime against nature with a person or animal before or after marriage
- Your spouse is incurably insane and confined to a mental hospital for at least five years prior to filing for divorce
- Your wife was pregnant at the time of marriage without you knowing when you are not the father of the child
- Complete incompatibility of temperament between the spouses
- Your spouse committed an act of violence that threatens your health or life or behaved in such a way that makes you fear such an act could occur
- The wife has lived separately from the husband within the state without support for two years
Read Also: How To Get Divorce In Nyc
Welcome To Alabama Divorce Online
The only 100% online divorce: no office visits or court visits required. This website simplifies and streamlines the divorce process so that everything is available and completed online. Every step of the process is completed for you or we assist you with any steps you choose to do yourself.
The website process is easy. You answer simple questions online. The online attorney then prepares all the divorce paperwork for you based on your unique situation and circumstances. The divorce papers prepared are specific to and meet the requirements of your local Alabama Circuit Court.
Upon receipt of the attorney prepared paperwork, you and your spouse can sign and notarize all the documents online with our E-Notary service. If you like, the online attorney can E-File all the paperwork for you. There is nothing to printno driving to find a notary, coordinating meetings with your spouse to review and sign the paperwork, or trips to the court or the post office to file your paperwork. If you prefer to do some of the work yourself, you and your spouse can print, sign, notarize, and mail the paperwork to the court by following simple instructions.
Alabama requires thirty days pass after you file your request for divorce with the Circuit Court before the judge can approve it. The sooner you file your official Complaint for Divorce with the court, the sooner the 30 or 45 day clock begins.
Find out if you qualify to divorce online
testimonials
testimonials
testimonials
testimonials
How To File A Divorce In Alabama
Filing a divorce in Alabama has specific residency requirements and procedures. Find out more about Alabama state divorce laws, including grounds for divorce, alimony and child custody.
Getting divorced in Alabama is similar to getting divorced in most other states. A divorce for any married couple will accomplish two things: severing the marital relationship, and dividing assets and debts. If they have been married for a significant length of time and one of them will be unable to be self-supporting after the divorce, the issue of alimony may also arise. If there are minor children, they will also need to resolve issues of child custody, visitation, and support.
Residency and Where to File
If you and your spouse currently live in Alabama, there is no residency time period. If only you live in Alabama, you must have lived there for at least six months before you can file for divorce. If your spouse lives in Alabama, you will file in the county where your spouse resides. If your spouse no longer lives in Alabama, but was living in the state when you separated, you will file in the county where you both lived at the time of separation. If neither of the previous situations apply, you will file in the county where you live.
Procedures
Grounds for Divorce
Property Division
Alimony in Alabama
Child Custody in Alabama
Don’t Miss: Divorced Spouse Of Deceased Veteran Benefits
Donotpay Helps You Create One Of The Most Important Divorce Papers For An Alabama Divorce
Youll need a professional, fully personalized divorce settlement agreement to proceed with your uncontested divorce. DoNotPay offers a tool that can assist you in creating a document specifically tailored to your needs.
All you need to do is and follow the instructions below:
Youll receive your customized document in the blink of an eye. You and your spouse should sign it and get it notarized. If you choose that option, well connect you with a notary for divorce papers, who will witness the signing over a live video call.
Do you have more questions about divorce-related issues? DoNotPay is happy to provide answers to any of the following and more:
- Search for sex offenders quickly and efficiently
S For An Uncontested Alabama Divorce
1. Meet the Residency RequirementsTo be eligible for a divorce in the state of Alabama, at least one spouse must be a resident of the state and the court selected to file in must have personal jurisdiction over at least one spouse.2. Prepare your Initial Divorce PapersUnder Alabama law, the spouse filing the divorce papers is called the Plaintiff and the spouse responding to the papers is the Defendant.Divorce in Alabama begins with the following documents, which can be found at your county clerks office:
7. Complete Additional Divorce Forms
- Vital Statistics Form
Recommended Reading: Divorce Lawyer Los Angeles Ca
How Long Does It Take To Get No Contest Divorce Alabama
An uncontested divorce generally takes 6-10 weeks after both spouses have signed and submitted everything with the court. A difficult divorce can take anything from 30 days to months or years, depending on whether or not there is a trial.
If both parties cannot agree during the contested divorce and a trial is necessary to address the contentious points, the contested divorce will take far longer than an uncontested divorce.
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.
Recommended Reading: Best Divorce Lawyers Los Angeles
Can I Get An Online Divorce In Alabama If I Have Children
Generally, you can use Alabama 3StepDivorce even when you have minor children with your spouse, as long as you agree on all of the issues related to your kids, including legal and physical custody, a parenting schedule, child support, health and dental insurance, and tax deductions. Alabama 3StepDivorce will allow you to address these issues in your settlement agreement. We provide a standard parenting schedule, but youll have an option of customizing the schedule to meet your individual needs.
However, you wont be able to address custody-related issues with Alabama 3StepDivorce if the affected child or children dont meet the home state requirement. Usually, that means the child must have lived in Alabama with a parent during the entire six-month period before you file for divorce . If you dont meet the six-month rule, you should speak with an attorney to find out whether you might qualify for one of the complicated exceptions to this rule. , 30-3b-201 .)
Provide Proof Of Service
Following the filing of your case, you must officially tell your spouse that you are divorcing them. This can be done via certified mail, having a sheriffs officer or process server conduct the service, or accepting the documents from you in person or by mail and signing an Answer and Waiver document if your spouse is agreeable.
If the plaintiff is unable to locate and serve the spouse, the plaintiff may complete evidence of service by publishing. This is performed by printing a divorce notice for four weeks in a row in the local newspaper. If the spouse has not reacted after four weeks, the defendant is considered served.
Service of process can be made at a persons home or place of business and left with the defendant or a responsible adult present. This server has 30 days to serve documents.
-
Proof of Service Must Be Submitted
You must produce proof of service to the courts once a spouse has been served.
In an uncontested divorce, the court will evaluate your paperwork at this stage, assess if everything is in order, and, if it is, sign off on your divorce after a statutory 3-day waiting time.
You May Like: Final Judgement Of Divorce Sample
What Are The Basic Steps For Filing For Divorce
While divorce laws vary by state, here are the basic steps:
- First, you must meet the residency requirements of the state in which you wish to file.
- Second, you must have grounds to end your marriage.
- Third, you must file divorce papers and have copies sent to your spouse.
- Fourth, if your spouse disagrees with anything in the divorce papers, he will then have the opportunity to file papers telling his side. This is called contesting the divorce. In this case, you will have to attend a series of court appearances to sort the issues out. If your spouse does not disagree with anything, he should sign the papers and send them back to you and/or the court. This is called an uncontested divorce. If a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway. You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce.
- Fifth, if there is property that you need divided, or if you need financial support from your spouse, you will have to work that out in an out-of-court settlement, or in a series of court hearings. Custody may also be decided as part of your divorce.
Fast Divorce In Alabama
To get a fast divorce in Alabama, you and your spouse are in complete agreement on all marital issues. An uncontested divorce is usually the fastest way to get a divorce in Alabama. It is where both of you sign a settlement agreement concerning the marital issues and submit it to the Court. Once the judge approves your agreement, then there are not any hearings in most cases, and you get your decree extremely quick and easy. The costs for getting a quick divorce are listed below. Give our divorce lawyer a call today for more information about quick and fast online divorces in Alabama.
- $390 for simple fast divorces in Alabama without minor children.
- $490 for simple fast divorces with minor children of the marriage.
Getting a fast divorce in Alabama may require additional fees if there are substantial property or tax considerations involved, business interests, any paternity issues, certain retirement orders, or any other complex issues that would require more time of the attorney. There is also a filing fee that the county charges when a fast & easy divorce in Birmingham or anywhere else is filed. This filing fee varies from county to county. Give our divorce lawyer a call today for more information about the filing fee in your county.
Read Also: Change Your Name After Divorce