Why Divorce.com?
Benefits of an online divorce
Divorce.com has assisted thousands of couples in fast and inexpensive preparation for their amicable divorces. This service was created specifically to become an easy solution to obtain legal paperwork for those who want to save money on expensive lawyers.
With Divorce.com, you can promptly get all the court forms you need, in a matter of days, without spending hours of your precious time searching for relevant papers.
The process consists of several steps:
Check your eligibility to use this online service and create a user account.
Answer our online questionnaire and provide important information about your marriage and divorce.
You can change your answers and correct them as many times as you need to before submitting them.
Download and print the papers prepared in a PDF format in two business days.
Alabama
Divorce Forms
All the forms required
Petitioners can find divorce forms at the official state's self-help resources. Usually, they are either pdf documents or fillable electronic forms for those who will file their case online.
Divorce papers in Alabama differ for each couple depending on their circumstances. The basic ones include:
Divorce Complaint - Form PS-08
Plaintiff's Testimony - Form PS-09
Summons - Form C-34
Affidavit of Substantial Hardship and Order - Form C-10
Request for Divorce Judgment by Default - Form PS-10
Answer to Divorce Complaint - Form PS-21
Child Support Obligation Income Statement / Affidavit - Form CS-41
Standardized Child-Support Guidelines form (CS-42)
Child-Support Guidelines Notice of Compliance form (Form CS-43)
First Petition for Child Custody - Form PS-05
Petition for Visitation - Form PS-06
Petition for Support - Form CS-02
Answer and Waiver and Acceptance of Service - Form CS-03
Order of Support - Form CS-04
Request for Contempt Hearing - Form PS-03
Final Judgment of Divorce - Form C-57
Certificate of Divorce
Several other divorce documents may apply to each specific case. Conversely, couples without minor children won't need papers requesting a determination of child support and custody.
Steps to consider
Filing Requirements
Residency Requirements
The residency requirements concern the time the spouses must live in Alabama to file for divorce there. The length of residency depends on whether only one spouse lives in Alabama or both.
The state court will have jurisdiction over the case at the time of filing if:
both spouses are residents of the state of Alabama
the defendant is a non-resident, and the plaintiff has lived in Alabama for six months before filing
Grounds for Divorce
Alabama state laws have twelve statutory grounds for divorce. Two of them are no-fault: incompatibility and irretrievable breakdown of the marriage.
The other ten fault-based grounds:
adultery
abandonment for one year
imprisonment for two years with a seven-year sentence
the commission of a crime against nature
addiction to alcohol or drugs
incapacity to enter the marriage
confinement in the mental institution for five years
violence against the other party
separation for two years
if the wife was pregnant without the husband's knowledge
Initial Filing
A filing spouse must file a Divorce Complaint (Form PS-08) and Summons (Form C-34) with the circuit court in one of the counties where:
the defendant resides
the spouses lived when the separation occurred
the plaintiff lives if the defendant is a non-resident
The plaintiff must remember to make two copies of the Complaint when filing the paperwork. The original form will stay in court records, while the copies will go to each party.
Filing Fees
The filing fee to start a divorce in Alabama differs between the counties. On average, the plaintiff must pay $250-$350 when filing their paperwork with the court clerk.
Other court fees include the sheriff's services ($20-$50 to serve a defendant), child support filing fee ($120), and copies of final orders ($20).
If a person can't afford the filing fees, they may request a fee waiver and file a C-10 form - an Affidavit of Substantial Hardship and Order.
Serving the Respondent
The plaintiff must officially notify the other party about the starting of divorce proceedings by sending them a time-stamped copy of the Divorce Complaint and other filed papers.
Alabama court rules allow the following options for serving the papers:
by hiring the sheriff
by publication
by a private process server
by mail
If the divorce is uncontested, the defendant may sign an answer and Waiver and Acceptance of Service (Form CS-03). Otherwise, the defendant has 30 days to file response papers.
Waiting Period
Alabama has a mandatory waiting period for all couples getting a divorce. The spouses must wait 30 days from the filing date to the final hearing, even if their divorce is uncontested.
This cooling-off period serves several purposes. First, the couple might change their mind and decide not to divorce. Another reason to wait one month to get a divorce decree is to discuss and resolve all issues concerning divorce (a division of the real estate, debts, child custody, etc.).
Finalizing a Divorce Case
Uncontested divorces end with a final court hearing where the judge reviews the paperwork and the proposed terms. If everything is just and in the best interests of any minor children, the judge will issue the final judgment.
The plaintiff may file a request for a default judgment if the divorce is contested and the defendant didn't file an Answer within 30 days after the filing date. Otherwise, the spouses must attend one or multiple court hearings bringing evidence and witnesses.
Filing basics
Filing for Divorce
Alabama
How to get started
Petitioners can find divorce forms at the official state's self-help resources. Usually, they are either pdf documents or fillable electronic forms for those who will file their case online.
Divorce papers in Alabama differ for each couple depending on their circumstances. The basic ones include:
Divorce Complaint - Form PS-08
Plaintiff's Testimony - Form PS-09
Summons - Form C-34
Affidavit of Substantial Hardship and Order - Form C-10
Request for Divorce Judgment by Default - Form PS-10
Answer to Divorce Complaint - Form PS-21
Child Support Obligation Income Statement / Affidavit - Form CS-41
Standardized Child-Support Guidelines form (CS-42)
Child-Support Guidelines Notice of Compliance form (Form CS-43)
First Petition for Child Custody - Form PS-05
Petition for Visitation - Form PS-06
Petition for Support - Form CS-02
Answer and Waiver and Acceptance of Service - Form CS-03
Order of Support - Form CS-04
Request for Contempt Hearing - Form PS-03
Final Judgment of Divorce - Form C-57
Certificate of Divorce
Several other divorce documents may apply to each specific case. Conversely, couples without minor children won't need papers requesting a determination of child support and custody.
Custody Basics
Custody of minor children means legal responsibility to care for them until they turn 19. One way to determine custody is for divorcing parents to agree on it in a parenting plan. The other option is to get the custody order from the family court.
There are several types of custody under Alabama family law:
Joint legal custody - parents have equal rights to make crucial decisions concerning their child’s life, e.g., education, healthcare, etc.
Sole legal custody - only one parent (a primary custodian) makes decisions about the child’s well-being.
Joint physical custody - the child has frequent contact with both parents and may live with each of them according to an agreed schedule.
Sole physical custody - the child lives with one parent while the other has visitation rights.
The parents can agree on child custody or hire a divorce mediator. If nothing helps, the judge will consider the following factors before issuing any court orders:
the emotional, social, and other needs of the child
the child’s age and sex
each party’s home environments
each parent’s age, stability, and health
the ability of each parent to provide for the child’s needs
the child’s relationship with parents and siblings
the child’s preferences
the history of domestic violence, etc.
Uncontested Divorce
An uncontested divorce is the absence of conflicts between spouses. It means that both parties agree on critical terms of the marriage dissolution, such as property division, alimony, child custody, etc. In this case, the spouses won’t spend much time at the courthouse finalizing their divorce.
Additionally, couples ready to part amicably can significantly decrease their divorce expenses, since they can have a DIY divorce without a divorce lawyer.
Getting an amicable divorce is usually a simpler process than litigation. The couple should discuss divorce terms and put them into a mutual settlement agreement as a part of a divorce decree. A final hearing for amicable cases is more relaxed than a court trial.
As a result, the spouses can safely represent their case without a lawyer. And as for the legal papers, Divorce.com can draft them inexpensively and in only two business days.
Support Basics
The care for underage children also includes financial support. Child support obligation is calculated using the state guidelines based on the Income Shares Model. This payment consists of basic obligations plus other costs, such as health-care-coverage costs.
The court may also order additional support to cover extraordinary medical, dental, or educational expenses. The court forms to define child support include a Standardized Child-Support Guidelines form (CS-42) and a Child-Support-Obligation Income Statement/Affidavit form (Form CS41).
Child support obligations will terminate when the child reaches the age of majority (19 years in Alabama) or becomes emancipated.
