Uncontested divorce Alabama is a cost-efficient and easy way of getting divorced.
When you and your spouse before divorce come to a mutual agreement regarding custody, property, and support issues, it is called uncontested divorce.
In Alabama, you need to make the necessary filling, pay the required fees, and get the approval of the judge for the required agreement for uncontested divorce. In this complete guide, we’ll take you through the whole process of filing for this agreement.
How to File an Uncontested Divorce in Alabama
You can obtain a quick divorce in Alabama if you and your spouse are completely in accord. In Alabama, getting a divorce without a fight is typically the quickest option, and it is the process through which both of you sign and submit a marriage settlement agreement to the court. In most circumstances, there are no hearings once the judge confirms your agreement, and you will receive your decree quickly and painlessly. The following are the costs of obtaining a speedy divorce.
If there are significant property or tax concerns, commercial interests, any paternity difficulties, specific retirement orders, or any other complex matters that would take extra time from the attorney, the uncontested divorce may demand more expenses. When a quick and simple divorce in Birmingham or anyplace else is filed, the county levies a filing fee. The filing fee differs depending on the jurisdiction.
If you’re planning to pursue an uncontested divorce in the state of Alabama, you have come to the right place. In the next section, we’ll be discussing the complete process of achieving this goal.
Here are the important steps you need to take to get an uncontested divorce in Alabama:
Demonstrate Your Residency
Before filing a divorce case, one of the spouses must have lived in the state for at least six months. You will be required to produce proof in order for the right divorce jurisdiction to be determined.
You can file here as long as you or your spouse is a resident of Alabama, i.e. you should have lived in the state for at least six months before filing a case to be considered a resident. If you both live in Alabama, you can theoretically file in the county where either of you lives (for example, if you live in Shelby County and your spouse lives in Madison County, your divorce can be filed in any county).
However, certain jurisdictions prohibit filing in which neither party is a resident, and it is ultimately up to the judges in the county where you are filing whether or not non-residents are allowed to file in their courts. As a result, you can normally file in whatever county you desire (as long as both of you are Alabama residents), however some countries discourage such filings.
At least one of you must be a resident of Alabama in order to file. If one of you lives outside of Alabama, your divorce will need to be filed in the county where the Alabama resident resides.
Get Your Facts Together
If you’re organised and comprehensive, this crucial step may save you a lot of time. Even if your divorce is uncontested, it’s a good idea to have as much documentation as possible in case you need to provide it.
Fill out the introductory paperwork. To begin your case, you’ll need to complete out various paperwork. These forms are available through your county clerk’s office, online or with the assistance of a legal service or a family law practitioner.
Although court officials are unable to give legal advice, they will ensure that your paperwork are correctly completed.
Fill in the Blanks on Your Forms
You must submit paperwork in the Circuit Court of the defendant’s home county or the Circuit Court of the parties’ home county where the separation occurred. You’ll need to fill out numerous paperwork in order to get an uncontested divorce in Alabama. Copies are available at the county clerk’s office or online.
They’ll at the very least include:
This petition, along with a Marital Settlement Agreement (drafted by you or an attorney), requests the court to dissolve the marriage.
Affidavit of Residency
The plaintiff fits the residence criteria for an Alabama divorce, according to this signed affidavit.
A Response and a Waiver
This document confirms that the defendant has received the divorce papers and waives the right to be served (court proceedings).
Even if no children are involved, this form must be completed since it contains information concerning probable child support.
Non-representation is Acknowledged
To be completed when one spouse has legal representation and the other does not. All spouses must sign it, and it must be submitted at the county court.
The plaintiff’s grounds for divorce includes a notarized document stating that the marriage is irreparably shattered. It’s also utilised to claim that the defendant isn’t a military member.
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 sheriff’s 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 person’s 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.
What Is the Cost for Alabama Uncontested Divorce?
An uncontested divorce in Alabama costs a plaintiff $290 in filing expenses as of 2019; if the couple has small children, the sum increases to $390. Because there are no grounds to litigate over, the costs of a quick uncontested divorce are substantially lower than filing for divorce without an agreement. The lawyer prepares the legal documentation in an uncontested divorce. When both spouses have signed the paperwork, it may be filed and the divorce procedure can begin.
The divorce decree is normally issued around a month or two after the divorce petition is filed (depending on where you file and the judge that gets your case, it can take longer). You won’t have to travel to court in most counties, and you’ll get your decree by email or mail without having to take time off work.
– Varying Factors
There will be no hearings or court dates because all assets, custody and debts have been agreed upon. Every county has its own procedure for seeking a quick divorce, therefore each court may have its own set of rules.
Only a handful demand hearings when there are children in the marriage, and only one required an appearance without children in the marriage that we are aware of. Local restrictions may change, but we file divorces throughout the state of Alabama and adhere to all applicable laws.
There is a different filing fee for each Alabama county. It varies, and you’ll have to check with the county clerk in the area where you’re planning to file to find out what that sum is. There will be a minor cost if you have divorce papers served on your spouse by a sheriff’s deputy or a process server. You may be able to petition the court to have the fees waived if you can show that you are financially challenged and cannot afford to pay these legal fees.
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.
How the Uncontested Divorce Process Works
An uncontested divorce in Alabama is the simplest method. This is where you and your spouse may come to an agreement on how your property will be divided and, if you have children, how they will be cared for.
The divorce process begins with the preparation of a Complaint for Divorce, as well as several supporting papers. A marriage settlement agreement specifying the allocation of assets will be one of these documents in the case of an uncontested divorce (and your agreement regarding any children).
This paperwork is then submitted with the court, and your spouse receives a copy of them. You will appear in court, where the judge will check that all of your documentation is in order and may ask you questions.
– How Contested Divorce Is Different
Any divorce case that is filed without an agreement is referred to as a disputed divorce. It starts with the filing of a Complaint, which is generally the starting point for all divorces. When a divorce is filed without an agreement, the Complaint must be served on the other spouse. This is normally done by a private firm that physically hand delivers or serves the Complaint on the other spouse.
The partner has 30 days from the date of service to submit an answer. If they file within this time frame, your contested divorce will be scheduled for hearings, mediation and other meetings to determine if you and your spouse can reach an agreement on some of the disputed matters.
If some issues remain unresolved after several efforts at compromise, the case will be scheduled for trial, and a judge will decide all of your contested matters for you and your spouse. Both spouses will call witnesses and provide evidence at this trial to show why they should be granted whatever they are seeking. This process can be quite costly (legal costs typically go for as high as thousands of dollars) and take a long time to complete.
In conclusion, uncontested divorce papers Alabama if you are confident that you have the required legal knowledge and documents, otherwise you can consult an expert attorney.
Further, we conclude the following:
- When you and your spouse come to a mutual agreement regarding custody, property, and support issues, it is called uncontested divorce. In Alabama, you need to make the necessary filling, pay the required fees, and get the approval of the judge for the required agreement for uncontested divorce.
- Before filing a divorce case, one of the spouses must have lived in the state for at least 6 months. You will be required to produce proof in order for the right divorce jurisdiction to be determined.
- An uncontested divorce in Alabama costs a plaintiff $290 in filing expenses as of 2019. If the couple has small children, the sum increases to $390. There is a different filing fee for each Alabama county. It varies, and you’ll have to check with the county clerk in the area where you’re planning to file to find out what that sum is.
- The divorce decree is normally issued around a month or two after the divorce petition is filed (depending on where you file and the judge that gets your case, it can take longer). You won’t have to travel to court in most countries, and you’ll get your decree by email or mail without having to take time off work.
Learn about the steps to file uncontested divorce Alabama from this guide before starting the process.
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