With child support, division of property, and other crucial items to consider, divorce can be complicated. Fortunately, the actual filing process for divorce in Alabama is fairly straightforward, especially when you work with a divorce attorney. Here is what you need to know about filing for an uncontested divorce.

Residency Requirements & Initial Preparation

If both partners live in Alabama, no residency period is necessary prior to filing for divorce. However, if the spouses are separated, the resident spouse must live in Alabama for six months before they can file for divorce. The filing must be made in the home county of the Alabama resident. 

A divorce attorney will typically help one spouse prepare complaint and summons forms that will be submitted to the court. These papers include the formal request for a divorce, as well as any terms, such as the division of property. If partners cannot agree on the terms of the divorce, they will be unable to file an uncontested one.

Filing & Serving

Once the complaint and summons forms have been completed, they must be filed with the county clerk. If you and your spouse could create a settlement agreement with the help of a divorce attorney, that should also be filed with the county.

After they receive the divorce petition, the other spouse must be “served.” The non-filing spouse must sign an acknowledgment that they received the papers, and you will need to inform the court.

Depending on the situation, additional forms may also need to be filled out and submitted to the court — particularly if there are children in the relationship. A final judgment will be made no sooner than 30 days after the initial divorce filing.

If you need the help of a divorce attorney, contact Donna C. Crooks Attorney at Law. Serving Southeast Alabama since 1993, this skilled attorney guide clients through complicated legal matters. She can help you with every aspect of the divorce, including working out spousal support and child custody agreements. To learn more about her practice areas, visit her online or call (334) 598-9534.