Residency Requirements
In order to file for divorce in Alabama one of the spouses must be a resident of Alabama for 6 months prior to filing for divorce and the divorce must be filed under the appropriate jurisdiction. Jurisdiction is determined by the county of residence of the spouses involved in the divorce.
Fill Out your Forms
When filing for a divorce you must file certain documents as required by the Court. The State of Alabama offers a simplified processes for couples seeking a divorce with no children, no assets, no real estate, and no joint debts. In addition, any personal property (clothing, furniture, vehicles, bank accounts, collections, etc) owned by the parties must have already been divided. The simplified process allows the couple to file a Divorce Complaint (Form PS-08) to request the divorce without the necessity of the Court intervening in any disputed matters.
When the parties seeking divorce have assets, joint debts, children or other issues requiring Court intervention or ruling the parties must start the divorce with a Petition for Divorce. This form starts the divorce action. The Petition details the couple's eligibility for divorce in Alabama, the reason for divorce, along with any other matters they want the court to decide.
If both parties agree to the terms of their divorce, they should complete a Divorce Settlement Agreement. You can use Rocket Lawyer's easy interview process to complete this agreement, which outlines the terms of the division of property, assets and debts in your divorce. Completing this document will help you avoid the cost and time involved in going to trial but is contingent on the parties reaching an agreement and the Court approving and accepting the agreement.
Make Copies of your Forms
Once you have filled out the appropriate form, make at least two copies of each. One set will be filed with your court clerk's office, and one should be kept for your records.
Bring your Completed Forms to your Court Clerk's Office and Pay the Fee
Proceed to your court clerk's office with the originals and copies of your forms. If everything is in order, the clerk will use the original forms and ask you to pay a fee to file. Additional forms will be required as the divorce proceeding works its way through the system. You will need to stay in touch with the County Clerk to ensure no deadlines are missed.
Additional Assistance
Unfortunately the State of Alabama does not offer a website with forms or additional assistance regarding the divorce process. For additional assistance you can contact you county Clerk of Court's office to determine any additional forms needed, the local procedures and requirements regarding divorce.
You can use Rocket Lawyer to Find a Lawyer in your area who can provide you with further assistance in completing your divorce.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.
