Prepared by U.S. Legal Forms, Inc.
Copyright 2016 - U.S. Legal Forms, Inc.
STATE OF ALABAMA
DIVORCE PACKAGE
UNCONTESTED – NO CHILDREN
WITH OR WITHOUT PROPERTY
Control Number – AL-008-D
This packet contains the following:
1.
2.
3.
4.
5.
6.
Information about Divorce
Form List
Form Explanations
Instructions and Steps
Checklist
Access to Law Summary
You and your spouse must agree to all terms of the divorce to use this packet.
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INFORMATION ABOUT DIVORCE
1.
WHO CAN USE THESE FORMS
This packet is for the sole purpose of obtaining an uncontested divorce. This packet is
only of use to you if you and your spouse are willing to agree to all the terms and
conditions of your divorce. You must work and communicate with your spouse and keep
him or her advised as to each step in the process. If you cannot agree, you will become
involved in a contested divorce, which is beyond the scope of this packet. To use this
divorce package to file for divorce, all of the following must be true:
(a)
(b)
(c)
(d)
2.
Your marriage is irretrievably broken and there is no likelihood it can
be preserved;
There were no children born to or adopted by you and your spouse;
You and your spouse agree on all the terms of the divorce; and
You satisfy the residency requirement – see Section 3, below.
THE BASICS
In a typical divorce, you must satisfy two basic requirements before you can file for
divorce. Those requirements include the residency requirements and appropriate
grounds for divorce. These requirements are discussed in detail in their respective
sections, below.
In addition, you must agree with your spouse to dissolve the marriage, and agree to all
the terms of the dissolution of marriage in filling out the forms, including property
division. You will complete and file the forms (see detailed instructions, below) in the
Circuit Court for the county in which you choose to file the divorce papers: either the
county of your spouse’s residence, or the county where the separation occurred. If
defendant is a Non-resident of Alabama, then the action must be filed in the Circuit
Court for the county in which you reside. The Code of Alabama, Section 30-2-4, states:
Complaints for divorce may be filed in the circuit court of the county in which the
defendant resides, or in the circuit court of the county in which the parties resided
when the separation occurred, or if the defendant is a nonresident, then in the
circuit court of the county in which the other party to the marriage resides.
3.
RESIDENCY REQUIREMENTS
When the defendant is a nonresident, the other party to the marriage must have been a
bona fide resident of this state for six months next before the filing of the complaint,
which must be alleged in the complaint and proved. If both parties currently reside in the
state, there is no time period required. Code of Alabama, Section 30-2-5
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4.
GROUNDS FOR DIVORCE
The ground for divorce you must use with this no-fault packet is “Irretrievable
Breakdown,” a no-fault ground found in the Code of Alabama, Section 30-2-1:
... [A divorce may be granted] Upon application of either party, when the court
finds there has been an irretrievable breakdown of the marriage and that further
attempts at reconciliation are impractical or futile and not in the best interests of
the parties or family.
5.
LEGAL SEPARATION
A "legal separation" is different than a "divorce." A legal separation is a court
determination of the rights and responsibilities of a husband and wife arising out of the
marital relationship. A decree of legal separation does not terminate the marital status of
the parties. Alabama courts may grant a decree of legal separation if sought by the
parties under Code of Alabama, Section 30-2-40, et seq. This divorce package DOES
NOT include forms for a "legal separation." This package includes forms
specifically for "divorce."
6.
WAITING PERIODS
Alabama law requires that thirty (30) days elapse from the filing of the Complaint and
summons or Answer, Waiver, and Agreement for Taking of Testimony before a final
judgment of divorce be entered. Alabama further requires that neither party to the divorce
may remarry, except to each other, until sixty (60) days after the judgment of divorce is
entered. If an appeal of the judgment of divorce is taken, the parties may not remarry,
except to each other, while the appeal is pending. Code of Alabama, Section 30-2-8.1
7.
ALIMONY/SUPPORT
Because this is an agreed divorce you will decide issues of alimony, also known as
"spousal support". The forms in this no-fault divorce package assume that no alimony
will be paid and is waived-- but you may add provisions for alimony if you desire. In a
contested case, the courts may award alimony. You should consult a local attorney
regarding the possibilities concerning alimony if you have questions or foresee conflict
regarding this issue.
In a brief summary (below) of the high points, the Code of Alabama, Section 30-2-51,
states as follows regarding alimony/spousal support:
The court may order that one spouse support the other during the pendancy of the
divorce action and/or after the divorce has become final. Support awarded
pending the final decree of divorce is not to extend beyond the period of time
necessary for the prosecution of the divorce action.
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If, upon divorce, either party has a separate estate, or, an extant separate estate is
insufficient for the maintenance of a spouse, the judge may award spousal support
out of the other spouse's portion of the marital estate, taking into consideration the
value of that portion and the condition of the spouse's family.
If the parties do have separate estates, the court may not consider the separate
property of the parties, unless the court determines that the property in question or
income derived from that property was regularly used for the common benefit of
the parties during the marriage.
If the divorce is awarded based upon the misconduct of the other spouse, the court
may consider that misconduct in making an award of support, but may not
consider the separate property of the spouse in determining the amount.
Upon petition to the court, an award of alimony shall terminate upon the
submission of proof to the court that the party receiving alimony has remarried or
is openly living/cohabitating with a member of the opposite sex.
8.
DISTRIBUTION OF PROPERTY
In a divorce, the property (land, house, buildings, and items of personal property) owned
(and debts owed) by the couple is divided between the parties. In an uncontested divorce,
this division is accomplished by means of a Separation Agreement. You and your
spouse must agree to the property and debt division and memorialize your agreement in
the Separation Agreement, which will be incorporated by reference into the Decree of
Divorce that ultimately ends your marriage. You may agree to divide the property any
way you like, as long as a basic fairness is maintained. If you cannot agree on any item of
this division, the dissolution of marriage transforms into a contested divorce. A
contested divorce is beyond the scope of this packet.
9.
NAME CHANGE
Typically, a spouse may petition the court requesting that upon divorce the court restore
the party to the use of a former or maiden name. The court will typically grant such
request. On a related note, Code of Alabama, Section 30-2-11, states that a wife may be
enjoined from using the last name or initials of her former husband.
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FORM LIST
The following forms are included in this package, or needed are:
Forms for initial filing:
1.
Civil Cover Sheet
2.
Complaint for Divorce (AL-801D)
3.
Separation Agreement (AL-803D)
4.
Affidavit of Testimony in Support of Decree (Plaintiff) (AL-805D)
Forms for subsequent filing:
5.
Answer, Waiver, and Agreement for Taking of Testimony (AL-807D)
6.
Acknowledgment of Non-Representation (AL-808D)
7.
Final Decree and Judgment of Divorce (AL-C-57)
8.
Notice of Entry of Divorce (AL-810D)
9.
Instruction Sheet – (AL-CS-47)
An information sheet Form 9 (Official Form CS-47) is also included. This form concerns
children but has an option to select no children to show that no children are involved in the case.
Complete this form and file with your Complaint. This form is also available from the Clerk.
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FORM EXPLANATIONS
All forms included in this package, or which may be needed are identified and described below.
FOR INITIAL FILING:
1.
Civil Cover Sheet: This form requests required information for the Court’s use. This
form is available from the Clerk at the time of filing.
2.
Complaint for Divorce: (AL-801D) This document states the legal grounds and other
required details for your divorce.
3.
Separation Agreement: (AL-803D) This form is a binding contract in which you and your
spouse agree to the division of all your property and debts.
4.
Affidavit of Testimony in Support of Decree (Plaintiff): (AL-805D) In this form, you
aver that you meet the requirements to be divorced in Alabama and agree to the divorce
in accordance with the Separation Agreement.
FOR SUBSEQUENT FILING:
5.
Answer, Waiver, and Agreement for Taking of Testimony: (AL-807D) In this form, your
spouse submits to the jurisdiction of the court and avers that he or she agrees to be
divorced according to the agreed terms. Spouse must sign this form before a witness and
a Notary Public and return to you for filing (see, Instructions and Steps, above).
6.
Acknowledgment of Non-Representation: (AL-808D) If you have an attorney and your
spouse does not, you should include this document with the Answer, Waiver, and
Agreement for Taking of Testimony for your spouse’s signature. The purpose of your
spouse signing this document is to avoid a later argument by your spouse that he or she
did not get a fair settlement because an attorney did not represent him or her. If you do
not have an attorney yourself, you can ignore this document.
7.
Final Decree and Judgment of Divorce: (AL-C-57) The final statement of the legalities
and terms of your divorce, which incorporates your Separation Agreement. Once this
form is signed by the Judge and filed with the court, your divorce is complete. You must
however mail a certified copy of the signed, filed copy of the Final Decree to your spouse
with the “Notice of Entry of Divorce.”
8.
Notice of Entry of Divorce: (AL-810D) Notice that both the Final Decree and Judgment
of Divorce have been entered (filed) with the Clerk. Send with copy of the Final Decree
to spouse. Ask the clerk if you need to file the Notice of Entry.
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9.
Child Custody Information Sheet Form (AL-CS-47): This form states that you do not
have children and is filed with the complaint. Check the box on this form to indicate that
there are no children.
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INSTRUCTIONS AND STEPS
Note: Any form containing a space for the signature of a Notary Public must be signed by you
(and if necessary by your spouse) in front of a Notary Public, who must notarize the document.
Prepare an original and several copies of each of your completed documents. Your spouse
should have a copy of everything you file, stamped “filed” by the clerk. You should keep copies,
and the court must have originals.
STEP 1:
In consultation and agreement with your spouse, prepare the following forms:
Form 2- Complaint for Divorce
Form 3- Separation Agreement
Form 4- Affidavit of Testimony in Support of Decree
Form 8- Final Decree and Judgment of Divorce
You and your spouse must sign the Separation Agreement and Judgment.
STEP 2:
FILE the completed forms 2-4 with the court clerk. Also complete Child Support
Information form 9 and file with the clerk. Check the box indicating that there are
no children on form 9. Pay filing fees. Keep several stamped “filed” copies of
these forms. The clerk is a valuable resource to you, and can often answer your
questions about filing documents, timing, and the mechanics of the divorce
process. Form 1- Civil Cover Sheet, should be available from the clerk and needs
to be completed at the time you file your complaint.
STEP 3:
Mail or deliver the following forms to your spouse:
Stamped “filed” copies of Forms 2-4.
Form 5- Answer, Waiver, and Agreement for Taking of Testimony
Form 6- Acknowledgment of Non-Representation [use only if you have a lawyer
and your spouse does not- otherwise, do not use this form.]
Form 7- Final Decree and Judgment of Divorce with agreement attached.
Instruct your spouse, by phone, letter or otherwise, to complete Form 5, and (if
used) Form 6, and return Form 5, and (if used) Form 6, to you. Your spouse
should keep the other documents.
STEP 4:
Once your spouse has returned Form 5 (and Form 6, if used), FILE these two
forms.
STEP 5:
Consult the clerk as to whether or not you need to appear for a final hearing, or
whether the Judge will simply review and sign the Judgment papers. If you must
appear for a hearing, determine the date of the hearing with the clerk or court
administrator, and notify your spouse thereof. Ask the clerk what will happen
after the Judge signs the Final Decree of Divorce, for example, if the Judgment
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will be mailed to you for you to file, automatically filed, if you must pick it up,
how long before the judge will sign it, etc.
If you are not required to attend an actual hearing in your county, deliver the
original and three copies of the Judgment with the Separation Agreement attached
to the Clerk. If you are required to attend, take the Judgment with the Separation
Agreement Attached and copies to the hearing and present to the Judge after the
hearing.
STEP 6:
Once you receive the signed Final Judgment of Divorce with Agreement Attached,
you must FILE it with the Court Clerk, and mail a stamped “filed” copy to your
spouse along with Form 8, the Notice of Entry of Divorce. Ask the Clerk if you
need to file the Notice of Entry.
Summons Note:
At the time you file the complaint, you can inform the clerk that the
Defendant will sign an Answer, Waiver, and Agreement for Taking of
Testimony and to hold issuance of a summons.
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PROCESS CHECKLIST
Forms 1-4 agreed to and completed by you and your spouse.
All documents signed and notarized where needed.
Check with clerk for amount of filing fee and any updated or county-specific forms that
the clerk may have.
Initial Documents (Forms 1-5) filed and filing fee paid.
Stamped “filed” copies of Forms 2-5, plus Form 5 (and if needed, Form 6) served on your
spouse. Include a copy of Form 7 with the forms served on your spouse.
Form 5, the Answer, Waiver, and Agreement for Taking of Testimony, signed by you and
your spouse. If used, Form 6 signed and returned to you.
Form 5, the Answer, Waiver, and Agreement for Taking of Testimony filed with the clerk.
Final Decree and Judgment of Divorce signed by Judge at hearing or otherwise.
Signed Final Decree of Divorce filed with the clerk of court, with copies to you and your
spouse.
Mail or deliver Notice of Entry of Decree with the Final Decree of Divorce to your
spouse.
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NOTE ABOUT COMPLETING THE FORMS
The forms in this packet contain “form fields” created using Microsoft Word. “Form fields”
facilitate completion of the forms using your computer. They do not limit you ability to print the
form “in blank” and complete with a typewriter or by hand.
If you do not see the gray shaded form fields, go the View menu, click on Toolbars, and then
select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that
resembles a shaded letter “a”. Click in this button and the form fields will be visible.
To complete the forms click on the gray shaded areas and type the information. For the
separation agreement complete the gray shaded areas and also make any other changes or
additions to resolve all issues.
Some forms are locked which means that the content of the forms cannot be changed unless the
form is unlocked. You can only fill in the information in the fields. If you need to make any
changes in the body of the form, it is necessary for you “unlock” or “unprotect” the form. IF
YOU INTEND TO MAKE CHANGES TO THE CONTENT, DO SO BEFORE YOU
BEGIN TO FILL IN THE FIELDS. IF YOU UNLOCK THE DOCUMENT AFTER YOU
HAVE BEGUN TO COMPLETE THE FIELDS, WHEN YOU RELOCK, ALL
INFORMATION YOU ENTERED WILL BE LOST. To unlock click on “Tools” in the
Menu bar and then selecting “unprotect document”. You may then be prompted to enter a
password. If so, the password is “uslf”. That is uslf in lower case letters without the
quotation marks. After you make the changes relock the document before you begin to
complete the fields. After any required changes relock the form, then click on the first form field
and enter the required information. You will be able to navigate through the document from
form field to form field using your tab key. Tab to a form field and insert your data. If you
experience problems, please let us know.
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DISCLAIMER
These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the
subject state. All Information and Forms are subject to this Disclaimer: All forms in this
package are provided without any warranty, express or implied, as to their legal effect and
completeness. Please use at your own risk. If you have a serious legal problem we suggest that
you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products
offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney.
THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED
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THESE FORMS WERE PREPARED FOR STATEWIDE USE. HOWEVER, SOME
COUNTIES OR JUDGES MAY REQUIRE CERTAIN MODIFICATIONS TO THE FORMS
FOR USE IN YOUR PARTICULAR COUNTY AND MAY REQUIRE SPECIAL FORMS
NOT INCLUDED. CHANGES REQUIRED BY PARTICULAR JUDGES ARE NOT
UNCOMMON EVEN IF THE FORMS HAD BEEN PREPARED BY YOUR ATTORNEY.
REGARDLESS, YOU SHOULD BE ABLE TO USE THESE FORMS AND INSTRUCTIONS,
WITH ANY REQUIRED MODIFICATIONS, TO MAKE IT THROUGH THE PROCESS. IF
YOU NEED TO MAKE CHANGES, OR IF SPECIAL FORMS ARE REQUIRED IN YOUR
COUNTY, YOU CAN MAKE THE CHANGES AND REFILE, OR OBTAIN THE SPECIAL
FORMS EITHER FROM THE CLERK OR A CLOSED DIVORCE FILE WHICH YOU CAN
USE AS AN EXAMPLE.
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LAW SUMMARY
You may access the law summary for your State by using the link below:
http://secure.uslegalforms.com/lawsummary/AL/AL-008-D.htm
