Uncontested Divorce

Since an uncontested divorce is technically a lawsuit, there are two parties: the Plaintiff and the Defendant. The Plaintiff is the person who files the case; their name is listed first. The Defendant is the other spouse. If you are filing an uncontested divorce, it doesn’t matter who is listed as the Plaintiff or Defendant; however, generally, the Plaintiff is the one who will file the papers in court. It’s important to pick who will be the Plaintiff and Defendant and stick to that, since you will need to sign different forms.  

Note: Alabama does not have official standard forms for all of these documents.

Some of the forms you need may be available here: https://eforms.alacourt.gov/media/ah3bv32s/uncontested-divorce-packet.pdf  

1. Divorce Complaint
   • The Divorce Complaint is signed only by the Plaintiff. You can find an example of this form here.
     
2. Answer/Waiver
   • The Defendant must file an Answer/Waiver. This is technically a legal answer to the Complaint filed by the other spouse. The Defendant waives their right to a trial in the case, since neither you nor your soon-to-be-ex spouse, as the Plaintiff or the Defendant, wants to dispute the facts that you’ve presented to the court.
     
3. Testimony
   • Alabama allows for no fault divorce. If one spouse simply does not want to be married to the other anymore, you are allowed to file for divorce at your discretion. If you file an uncontested divorce, it will generally be a no fault divorce.
   • The Plaintiff must sign a notarized statement that states the grounds for divorce. The form must state:
     • Both parties are over the age of 19 
     • Both parties are residents of Alabama 
     • You have different tastes, beliefs, and values, such that you can no longer live together as a married couple. 
     • You must also state that you do not believe there is any hope of reconciliation. 
     • A statement that the wife, if applicable, is not currently pregnant.
   • An example of this form can be found here.
     
4. Marital Settlement Agreement
   • This is an agreement that both you and your spouse will sign. It will include all the terms of your divorce. All marital issues must be addressed in the settlement agreement.
   • You should be sure you address:
     • Real property 
       • Houses or land. 
       • The marital home is the home that you lived in together as husband and wife.
         • The home may be considered marital property even if it is only in one spouse’s name. 
       • There are a few options for dealing with the marital home:
         • Sell the home and split the proceeds equally
         • One spouse keeps the home.
           • If there is a mortgage, typically, that spouse will assume responsibility for the mortgage. They should usually attempt to refinance the loan to take the other spouse’s name off. 
           • The other party may be entitled to some of the equity in the home. 
           • Equity is equal to the value of the home minus the amount left on the mortgage. If there is equity in the home, and one spouse keeps it, he/she may be required to pay some of it as cash to the other spouse. 
         • One spouse keeps the home, and the other pays the mortgage. This is more uncommon but may happen in cases where partners plan to support one another after separating. 
     • Vehicles 
       • These could be vehicles in one spouse’s name or both spouses. 
       • The most common scenario is that each spouse keeps the car they drive.
         • Typically, they are then responsible for the loan.
         • If the other partner’s name is also on the loan, they should refinance it into a new loan that the other isn’t tied to.
       • If there are multiple vehicles, they should be divided in a way that’s fair to both parties.
     • Personal property 
       • Personal property includes most physical possessions you may have, ranging from clothing and jewelry to appliances and heirlooms.
       • The easiest thing to do is for each spouse to make a list of items they want.
         • This can also be handled informally outside of the divorce agreement. 
         • The agreement will usually say that each side keeps whatever personal property they have in their possession. 
       • This usually includes furniture, clothes, etc.
         • If there are particular items either party wants, they should be listed in the settlement agreement. 
       • Usually, the children’s items go with the children and whichever parent they live with primarily. 
     • Custody 
       • If you have minor children, the settlement agreement MUST include plans for custody. 
       • There are two forms of custody to decide:
         • Physical custody – who has the right to decide where and with whom the child lives.
         • Legal custody – the right to make decisions about how the child is raised. 
       • The most common scenario is that one parent has primary physical custody and both parents have joint legal custody. However, there are other possibilities. 
       • Usually, the non-custodial parent (the parent the children do not live with) will have rights to visitation.
         • The only exception is if the parent would cause harm to the child.
         • In those situations, supervised visitation is also possible. 
       • Most settlement agreements will need to include visitation for the non-custodial parent. 
     • Parent Relocation
       • If the parent who has custody of a child wants to change the child’s primary residence, and this change will last for longer than 45 days, they must send notice to the parent who isn’t relocating. The non-relocating parent has a right to object, and to ask a judge to prevent the custodial parent from moving. 
       • In this case the parent who isn’t relocating has 30 days to challenge the move, starting from the day that they receive the required notice from the parent who is relocating. In most cases, the judge will decide against moving the child on the grounds of the child’s best interest. 
       • A person who has custody of a child but is not that child’s parent cannot object, but can request a modification of the visitation agreement. 
       • The parent who isn’t relocating cannot object if both of these are true:  
         • The child will be staying in the same state.  
         • After the move, the child will live within 60 miles of the non-custodial parent, or at least be closer to the non-relocating parent than they previously were. 
           • This means that if a custodial parent who lived in Huntsville (in the far north of the state) but whose ex-spouse lived in Mobile (in the far south of the state) wanted to move with their child to Birmingham (in the middle of the state between both), then the non-custodial parent would be unable to object—even though the child is more than 60 miles away—because the child now lives closer to them. 
     • Child support
       • In general, child support will always need to be included in a settlement agreement if there are children. 
     • Bank accounts
       • Any joint accounts need to be divided. Describe in your agreement how you intend to split access to these accounts, separate the money in them, or otherwise divide your wealth.
     • Marital debts 
       • Debts that are taken out for the benefit of the married couple/household are considered marital debts.
       • If any marital debt is not addressed in the settlement agreement, then the spouse whose name it is in will be responsible. 
     • Maiden name 
       • If the wife wants her maiden name back, the agreement should state that she wishes to change it. 
         
     • Special county-specific requirements
       • Some counties in Alabama may require different or additional forms. Ask the Clerk’s Office at the courthouse if there are different requirements in your county, and if they can provide you with copies of any forms not described on this page.
       • Some of these forms include:
         • Witness Testimony 
           • Some counties may require an additional sworn statement from someone who knows the Plaintiff. This form may require verification that the Plaintiff lives in the county where you are filing. It may also need to state that the Plaintiff has good character and that the Plaintiff’s statements can generally be believed. 
         • Commissioner’s Certificate 
           • Some counties may require a notary to sign a Certificate.
             
     • Required Child Support Forms 
       • If any minor children were born during your marriage, they are legally considered to be the husband’s children, even if you know that they are not his biologically. All children born during the marriage must be mentioned and accounted for in your divorce agreement. 
       • If you have any minor children, you MUST include the following forms:
         • JU- 23 – Child Custody Affidavit 
         • CS-47 – Child Support Information Sheet
         • CS-41 – Income Statement/Affidavit – one for each parent 
         • CS-42 – Child Support Guidelines
         • CS-43 – Notice of Compliance with Child Support Guidelines