Uncontested Divorce in Alabama

If one of the divorcing partners is not a resident of Alabama, then, the filing partner must be residing in this state for minimum 6 months before beginning the action. There are 3 options for filing the action as follows.

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

Grounds for Uncontested Divorce in Alabama

No-fault divorce

• Voluntary separation for more than a year.
• Failure of divorcing partners to reside together due to incompatibility of temperament.
• Irretrievable breakdown of the marriage.

Fault divorce

• 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 behavior prior to or after marriage.
• Imprisonment 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.

The venue for filing the action is the Circuit Court of the county. The partner who files the action is termed as the Plaintiff. The other partner is called as the Defendant.

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, Acceptance and Waiver of Service is allowed.

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

Forms pertaining to Uncontested Divorce in Alabama

If the uncontested divorce does not involve children, the plaintiff is required to file the following forms.

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

In case, children are involved in the divorce, then in addition to the above forms, the plaintiff must 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, the following forms must be filed.

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

Divorce Papers