How to Obtain an Uncontested Divorce
An Alabama Divorce Forms Checklist
An uncontested divorce (also known as an “answer and waiver divorce” or a “no-fault divorce”) is a divorce where both parties have agreed to get divorced and have also agreed on how to settle all of the issues related to their breakup. It is not enough that they have both agreed they want a divorce; they must also agree on the terms of the divorce. This means they have agreed on issues such as the division of property and assets, responsibility for liabilities like credit card debts, alimony, child support, child custody, division of retirement assets, and any other issues relevant to the parties.
Most divorce attorneys will prepare an uncontested divorce for a fairly reasonable fee. Some people try to prepare their own forms from a book or by buying them online. Others may hire a paralegal forms preparation service to compile the documents, or may hire a virtual law firm to have the forms prepared by an attorney at a discounted rate.
The following forms must be completed properly to obtain an uncontested divorce in Alabama:
- Complaint. Also called a Petition, the Complaint for Divorce is the initial court petition which requests a divorce.
- Answer and Waiver. In this document, the Defendant denies the divorce allegations as a formality, and acknowledges and waives his right to hire his or her own attorney.
- Agreement. The Agreement or Settlement Agreement memorializes the terms of the divorce in writing, resolving all issues such as property, debts, bank accounts, retirement, investments, business ownership, child custody, child support, and alimony.
- Alabama Certificate of Divorce. A form that obtains some basic data concerning the parties and which is submitted by the court clerk to the Center for Health Statistics in Montgomery, Alabama.
- Request for Commission. A written request that the notary be given authority to take and submit written testimony to the court.
- Testimony The sworn summary of the factual basis for the granting of the divorce, signed by the Plaintiff.
- Affidavit of Custody. While many counties no longer require this form, some areas of the state still require a sworn statement as to the residences and past custody cases involving the children.
- Rule 32 Forms. These are forms related to the calculation and enforcement of child support which accompany the uncontested divorce package when minor children are an issue in the divorce. These include Form CS 41 Child Support Obligation (for both Plaintiff and Defendant), Form CS 42 Child Support Guidelines, and Form CS 43 Notice of Compliance.
- Income Withholding Order and Notice to Defendant. An order to the noncustodial parent's employer to withhold monthly child support from his or her paycheck.
- Final Judgment of Divorce. This is the order which will be signed by the judge, enforcing the Agreement of the parties as an order of the court.
Different counties have additional local requirements which may apply to uncontested divorces in their jurisdictions. A family law attorney will know how to prepare the relevant forms for the counties in which he or she practices. Anyone trying to do an uncontested divorce without the assistance of an attorney should become aware of the local requirements before trying to file their uncontested divorce. Otherwise, there is a risk that the paperwork will not be accepted by the court.
