How to File For a Non-Contested, No Children Divorce in Alabama
In a non-contested divorce, both parties must agree on all the major issues. Filing for a non-contested divorce with no children in the state of Alabama involves filling out several forms, paying fees and, possibly, appearing for a hearing. An attorney is not required, however, it is always wise to consult with an attorney if you have any questions in regards to protecting your rights and your assets.
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Things You'll Need
- Complaint for Divorce
- Marital Settlement Agreement
- Affidavit of Residency
- Vital Statistics Form
- Financial Affidavit
- Answer, Agreement and Waiver
Instructions
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Complete a Marital Settlement Agreement and Financial Affidavit. The Marital Settlement Agreement details the resolution of issues such as division of debt and division of property as agreed upon by the two parties. The financial affidavit details both parties' income, assets, liabilities and expenses and allows the court to determine the fairness of the agreement.
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Fill out the rest of the papers in the package of divorce forms. Those forms include a Vital Statistics Form, an Affidavit of Residency, a Testimony of Plaintiff, an Answer, Agreement and Waiver for taking testimony and a Complaint for Divorce.
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Make 3 copies of each form and take it to the Clerk of Courts for the Divorce Court of the county where you are filing. Pay the appropriate filing fee. File two copies of each form and keep one for yourself.
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Attend a hearing which will be scheduled at least 30 days after the date of your filing. In many cases, in non-contested divorces with no children, the hearing may be with a court clerk instead of a judge. In some cases, a judge may not even require a hearing. If you are required to attend a hearing, it likely will just include a few questions from the judge to verify both parties agree to all the items stated in the Marital Settlement Agreement.
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Wait at least 60 days if you are planning to remarry. Once a judge has ruled on an uncontested divorce, both parties are free to move on to the next phase of their lives. The only restriction is both parties must wait at least 60 days to get remarried to anyone except each other.
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