When Is an Uncontested Divorce Granted in Alabama?
If spouses decide to end their marriage amicably, they may be able to file for an uncontested divorce. In Alabama, an uncontested divorce is available if spouses agree on all outstanding issues in their marriage. Once all the required paperwork is signed, it can be submitted to a judge, who will issue the final divorce decree.
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Residency
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The spouse who files for divorce is called the Plaintiff. In Alabama, she or the other spouse must be a state resident for six months prior to filing. If the residency requirement is satisfied, the Plaintiff can file the Complaint for Divorce with the Circuit Court in her county of residence or the other spouse's. The other spouse, the Defendant, must be personally served or receive the complaint in the mail. The spouses can save a lot of money and emotional trauma by coming to an agreement regarding marital property, alimony, custody and child support.
Grounds
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The Plaintiff must include grounds for divorce in the Complaint. Alabama recognizes no-fault and fault grounds, as set forth in Title 30, Chapters 2-1 and 2-2 of the Alabama Code. No-fault grounds are more common for an uncontested divorce and allow spouses to file if spouses have lived apart voluntarily for more than one year;, an "irretrievable breakdown" of the marriage has occurred; or spouses became incompatible, causing them to be unable to live together.
Spouses can agree to an uncontested divorce even if one spouse is at fault for ending the marriage. Fault grounds include abandonment for a period of two years, one spouse's alcohol or drug abuse, adultery, abuse or one spouse's incarceration for a period of two years, if the sentence is at least seven years.
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Divorce Papers
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Alabama courts require specific documents in order for spouses to file for an uncontested divorce. The first document filed is the Complaint. The Defendant then has the option to file an Answer or sign a waiver accepting service of the Complaint and waiving his right to respond. The divorce packet must also contain an Affidavit of Residency, a statement by a third party stating that either the Plaintiff or Defendant meet the state's residency requirement. The spouses must then negotiate a settlement agreement that sets forth how marital property will be distributed. The Marital Settlement Agreement must be signed by both spouses and submitted to the court. Lastly, if the spouses have minor children, they must submit a custody agreement, certificates proving attendance at the "Children Cope with Divorce" seminar and a Child Support Guideline Form that outlines the percentage of child support the non-custodial parent will pay.
Waiting Period
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Alabama has a waiting period of 30 days from the date of filing. After the waiting period passes, if a judge finds that all issues are uncontested, he will sign the final Judgment of Divorce.
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References
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