How to Get a DIY Uncontested Divorce in Alabama
Getting a divorce is a life changing and stressful event. To make matters worse the attorney fees can bankrupt both parties. If you are adventurous enough you can get a divorce on your own for less than $500. These tips will save you the time and headache associated with getting a divorce the traditional way.
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Instructions
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Order the forms online or get them from Legal Aid. There are several websites online that offer divorce forms from every state. Choose the ones from Alabama and begin filling it out with the proper information.
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Fill out the forms properly. It is very important to fill out the forms correctly. If there are mistakes or omissions they will be rejected. Use black ink.
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Take three copies of the completed forms to the county courthouse's divorce court and file. Time stamp all the copies, turn in two of them, and keep one for personal records. The two copies on file are for the court and the other will be delivered to your soon-to-be ex spouse. You will receive a case number at that time.
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Pay the standard fee. The fees associated with filing your own divorce papers vary county by county. They can range from $125-$300 so check with the county divorce court. The filing fee and the delivery fees are where the money goes. It is typical for the divorce office to only take cash or a money order.
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Sign papers to have the Sheriff's office hand-deliver the papers. Once the papers are filed in the divorce court take the delivery form to the Sheriff's office (typically located in the courthouse). Give them the address where the defendant (ex spouse) will most likely be during the day. It may take a few days for the papers to be delivered depending on the backlog of work and number of officers on duty.
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Wait 30 days from the date the papers were delivered. When notification of delivery is received begin counting from the day the papers were handed to the defendant. They have 30 days to respond to the divorce complaint. If they do not respond to the divorce complaint it is automatically awarded.
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After 30 days go to the courthouse and file request for the judge to sign divorce degree. Be sure to complete this part so the judge can grant the divorce. After filing this last request wait for the final signed divorce degree to arrive in the mail. It could take as few as 2-3 days for the judge to sign or it could take a few weeks. Getting a signature depends on the backlog of work, vacations, etc of the court.
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Go out and celebrate. Thousands of dollars were saved by completing the process independently. An attorney could have inflated the prices and the case. You had courage and trusted yourself to tackle the process.
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Tips & Warnings
If possible negotiate everything before you file the paperwork. Determine how you will split assets and property.
Call the divorce court office and ask about the progress of your case periodically. Use the case number they gave you for identification.
Get extra sealed copies of the divorce decree for your personal records.
If the divorce is amicable you may both go to the courthouse and file the paper work. This will eliminate the need for delivery fees.
Make sure that your ex will not contest the divorce before going this route. A contested divorce could cost you more time and money.
This process works better for people who don't have children together. If children are involved you will need the services of an attorney and you may have to go to court
If children are involved you will have to file a separate child support and visitation form.
