ALABAMA DIVORCE PAPERS WITH EXPLANATIONS

The documents listed below are the primary documents for a Alabama uncontested divorce. You will notice that some of the documents apply with children. If you do not have minor children, these documents are typically not required.

• Complaint for Divorce: The notarized Complaint identifies the parties, establishes their history, and states that the parties "can no longer get along nor live together [because] the marriage is broken down and cannot be fixed. It is not in our best interests to keep trying to fix it." When both parties agree to the divorce, the Complaint, often filed with the Marital Settlement Agreement, asks the court to end the marriage.
• Marital Settlement Agreement: This agreement between the husband and wife sets forth the terms and conditions of the divorce, including the division and distribution of assets and liabilities, spousal and child support and visitation, if applicable. The agreement is often incorporated by reference into the final Judgment of Divorce.
• Schedule for Visitation/Parenting Time of Minor Children: This form spells out the custody regime and establishes the visitation routine for the custodial and noncustodial parent. It will highlight parent overnights and holiday schedules.
• Affidavit: This is an affidavit for a default judgment in favor of the plaintiff when the defendant fails to respond to the complaint.
• Affidavit of Residency: A third party attests that the plaintiff meets the Alabama residency requirements in this notarized statement.
• Commission to Take Testimony: In this notarized agreement, both the Plaintiff and the Defendant state expressly that testimony may be taken by affidavit or affidavits, by each of them or any Notary Public or other officer authorized to administer oaths, at any time whether prior to, concurrent with, or subsequent to this form, and that said testimony may be submitted in this case at any time and place. Both consent that this case may proceed to final judgment without further or other notice to them.
• Child Support Worksheet: CS-47. The Child Support Information Sheet identifies the parents, their children and dates of birth, residences and places of employment.
• Child Support Guidelines Notice of Compliance: CS-43. The Child Support Guideline Notice of Compliance, which is jointly signed by both parents, affirms that the Alabama rules of judicial administration for child support have been met, or if they have not, it sets forth reasons.
• Child Support Income Statement/Affidavit (Plaintiff): CS-41. The plaintiff's Child Support Obligation Income Statement/Affidavit is notarized and states his or her employment and non-employment income and the cost of any medical insurance coverage for the children, if any.
• Child Support Income Statement/Affidavit (Defendant): CS-41.The defendant's Child Support Obligation Income Statement/Affidavit is notarized and states his or her employment and non-employment income and the cost of any medical insurance coverage for the children, if any.
• Child Support Information Sheet: CS-42. The Child Support Guideline Form documents the calculation of child support based on the monthly adjusted gross income of each parent, percentages of combined income, insurance costs. Child support is determined from these numbers and calculations.
• Order of Continuing Income Withholding for Support: This order continues the payment of court-order support.
• Affidavit Regarding the Children: This verified and notarized statement identifies the children of the marriage and their residential history for the past five years as well as any pending litigation involving them. The information in the document secures the jurisdictional rights the court has to make orders regarding the child(ren).
• Answer, Waiver and Agreement for Taking Testimony: In the Answer, Waiver and Agreement for Taking Testimony the Defendant waives the right of service of process, but demands "strict proof" of every allegation, and he or she waives formal service of the Summons and the Complaint.
• Judgment of Divorce: This court order that ends the marriage.