Alabama Final Judgment of Divorce

FINAL JUDGMENT OF DIVORCE

IN THE CIRCUIT COURT FOR

COUNTY, ALABAMA

)

Plaintiff CIVIL ACTION NO.

VS. DR

)

Defendant

FINAL JUDGMENT OF DIVORCE

This cause, coming on to be heard on the day of , 19 , was submitted for final judgment upon the pleadings and proof as noted. Upon consideration thereof, it is ORDERED and ADJUDGED by the Court as follows:

FIRST: That the bonds of matrimony heretofore existing between the parties are dissolved and the said and said are divorced each from the other.

SECOND: That neither party shall marry again except to each other until sixty (60) days after the date of this Judgment of Divorce, and if an appeal is taken (which must be instituted within forty-two (42) days from this Judgment, or from the date that a post-trial motion is denied), then neither party shall again marry except to each other during the pendency of the appeal.

THIRD: That the costs of court accrued herein are hereby taxed against the Plaintiff for which let execution issue.

Pursuant to the written Memorandum Agreement of the parties heretofore filed in this cause, it is further ORDERED and ADJUDGED by the Court as follows:

CUSTODY.

FOURTH: The Defendant shall have the care, custody, and control of the minor child of the parties, namely: , age years (D.O.B. ).

VISITATION.

FIFTH: The Plaintiff shall have reasonable rights of visitation with the child at appropriate times and places.

CHILD SUPPORT.

SIXTH: The Plaintiff shall pay to the Defendant the sum of Dollars ($ ) per month for the support and maintenance of the minor child of the parties beginning on the 1st day of , 19 , and due and payable on the first day of each month thereafter.

A. Hospitalization Insurance. Defendant shall provide hospitalization insurance, including major medical coverage, for the benefit of the minor child of the parties. Plaintiff and Defendant shall each pay one-half (1/2) of all medical, dental, optical, orthodontic and prescription drug expenses not covered by said insurance incurred on behalf of said minor child during said period. Any non-covered medical expense incurred which is in excess of One Hundred Dollars ($100) must be approved by the Plaintiff before he has an obligation to pay. Defendant shall provide copies of all receipts to which she expects reimbursement within seven (7) days of being incurred. Plaintiff shall make payment to the Defendant within thirty (30) days of receiving the receipt. Defendant shall furnish to the Plaintiff an appropriate identification card within thirty (30) days of the date of entry of this Final Judgment of Divorce for his use in seeking medical attention for the benefit of the minor child and shall update said identification card upon reasonable request by the Plaintiff or upon an updated card being issued to her.

B. Life Insurance. As additional child support, the Plaintiff shall provide for the use and benefit of the children of the parties ( , who is over the age of majority, and ) life insurance coverage on his life of not less than One Hundred Thousand Dollars ($100,000) in death benefits per child. The Plaintiff shall name the Defendant as trustee for the use and benefit of said children and shall provide to the Defendant proof of continuing coverage at reasonable intervals, and shall take no action so as to diminish or encumber the death benefits payable thereunder. This provision shall constitute authority for the provider of said life insurance coverage on the Plaintiff's life to provide current policy and beneficiary designation information to the Defendant upon Plaintiff's failure to do so in accord with the terms of this Final Judgment.

C. Termination of Insurance Obligations. The Plaintiff's obligation for the payment of child support under Paragraph 3 (Sixth), for Defendant providing hospitalization and major medical insurance under Paragraph 4 [A.], for each party paying one-half (1/2) of non-covered medical expenses under Paragraph 5 [A.], and for Plaintiff maintaining life insurance under Paragraph 6 [B.], shall terminate as to each child upon said child reaching the age of nineteen (19), marrying, becoming self-supporting, dying, or as otherwise provided by law. However, in the event the child enters college and remains enrolled therein under Paragraph 7 above [D. below], then the obligations for paying child support under Paragraph 3 [Sixth] shall cease as of the date of the child's enrollment; however, the Defendant's obligations for providing hospitalization and major medical insurance, for each party paying one-half (1/2) of non-covered medical expenses and for Plaintiff maintaining life insurance shall continue until the Plaintiff's obligation under Paragraph 7 [D.] terminates.

D. College Education. The issue of college education expenses for the minor child of the parties is specifically reserved by the court for future consideration.

E. Income Withholding Order. That reference is hereby made in this Final Judgment of Divorce to a separate order entitled order of Continuing income Withholding for Support, pursuant to Code of Alabama 1975, Title 30-3-60 et seq., which is specifically incorporated herein as a part of this Court's Order and decree in this cause; however, this order shall NOT be served until further order of this Court due to the fact that the parties have agreed to an alternative method of payment satisfactory to both parties, i.e., direct payment from the Plaintiff to the Defendant each month by United States mail at the Defendant's residential address.

F. Miscellaneous. The Defendant shall be entitled to claim the minor child of the parties as a dependency exemption for federal and state income tax purposes. Plaintiff and Defendant shall cooperate fully with each other in the execution of all forms and documents necessary to effectuate the terms of this subparagraph and to comply with the Internal Revenue Service rules and regulations.

REAL PROPERTY.

SEVENTH: Defendant shall have as her sole and separate property the "time share" jointly owned by the parties and Defendant shall indemnify and hold the Plaintiff harmless from any loss in connection therewith. Plaintiff shall execute any and all documents necessary to convey any right, title or interest he may have in said "time share" to the Defendant within thirty (30) days of the date of entry of this Final Judgment of Divorce.

PROPERTY SETTLEMENT.

EIGHTH: Plaintiff shall pay to the Defendant the sum of Thousand Dollars ($ ) as a property settlement, payable immediately upon entry of this Final Judgment of Divorce.

PERIODIC ALIMONY.

NINTH: The payment of periodic alimony to the Defendant by the Plaintiff is hereby reserved to the Defendant until the property settlement referred to in paragraph Eighth herein has been satisfied in full.

LIFE OF VIRGINIA POLICY.

TENTH: Plaintiff shall take whatever steps are necessary to convey to the Defendant the life insurance policy with "Life of Virginia" in the face amount of One Hundred Thousand Dollars ($100,000), insuring the life of the Defendant, together with the cash value thereof. Defendant shall be responsible for the payment of any premiums due as they accrue with regard to said life insurance policy.

PERSONAL PROPERTY.

ELEVENTH: The Husband is vested with the full right, title and interest to all household furniture, furnishings, appliances, goods, wares, and other personal property and effects in his possession, and the Wife is divested of any right, title or interest therein except that the Husband shall return to the Wife the dining room table and eight (8) chairs, the pine linen press, needle point picture of Jesus, and bird watercolor.

TWELFTH: The Wife is vested with the full right, title and interest to all household furniture, furnishings, appliances, goods, wares, and other personal property and effects in her possession, and the Husband is divested of any right, title or interest therein.

AUTOMOBILES.

THIRTEENTH: Plaintiff and Defendant shall have title to and possession of the automobile in their respective possession and under their control. Each party shall be responsible for any outstanding indebtedness that may be associated with their respective vehicles and shall indemnify and hold harmless the other party from any loss in connection therewith. Plaintiff and Defendant shall each execute any and all documents necessary to transfer any right, title or interest they may have in said automobiles to the other party within thirty (30) days of the date of entry of this Final Judgment of Divorce.

OTHER PROPERTY.

FOURTEENTH: All items of personal or real property currently in the Defendant's name or belonging solely to her (except as specifically referred to herein), including without limitation, cash, financial accounts, clothing, jewelry, clothing accessories, stocks, bonds or other securities, retirement plans, individual retirement accounts, business interests, partnerships, insurance policies, books, and the like, shall be her sole property and the Plaintiff shall renounce any interest that he may have therein.

FIFTEENTH: All items of personal or real property currently in the Plaintiff's name or belonging solely to him (except as specifically referred to herein), including without limitation, cash, financial accounts, clothing, jewelry, clothing accessories, stocks, bonds or other securities, retirement plans, individual retirement accounts, business interests, partnerships, insurance policies, books, and the like, shall be his sole property and the Defendant shall renounce any interest that she may have therein.

DEBTS.

SIXTEENTH: Except as otherwise provided for herein, each party shall be responsible for paying his or her own debts incurred in their respective names and shall indemnify and hold the other party harmless from any loss in connection therewith.

BANK ACCOUNTS.

SEVENTEENTH: Plaintiff and Defendant shall have as their sole and separate property their respective bank accounts and shall each be divested of any interest they may have in the bank accounts of the other party.

GENERAL RELEASE.

EIGHTEENTH: Each parties is hereby released from any claim or obligation of any type to the other that, but for this release would otherwise have survived this judgment of divorce, except for those obligations undertaken herein, or imposed herein, upon each party.

ATTORNEY'S FEES.

NINETEENTH: Plaintiff and Defendant shall each be responsible for the payment of their individual attorney's fees incurred herein.

DONE and ORDERED this the day of , 19 .

Copies of this Judgment mailed pursuant to Rule 77(d) of the Alabama Rules of Civil Procedure this date.

Dated , 19