How to File for Divorce in Alabama without a Lawyer

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Alabama Divorce Laws

Alabama Residency Requirements

When the defendant is a nonresident, the other party to the marriage must have been a resident of this state of Alabama for six months before the filing of the complaint for divorce. 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. The divorce is typically filed with in county in which the filing spouse lives. (Code of Alabama - Title 30 - Chapters: 2-4 and 2-5)

Alabama Divorce Grounds:

No-Fault: (1) Incompatibility of temperament that the parties can no longer live together. (2) 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. (3) voluntary abandonment from bed and board for one year next preceding the filing of the complaint. (Code of Alabama - Title 30 - Chapters: 2-1 and 2-2)

Alabama Property and Debt Division

When the spouses do not agree to how their property is to be distributed, the court will do so in an equitable fashion. The court will determine what property is marital and after putting a value on this property, it will distribute a portion to each spouse. The court does not have the right to distribute any separate property that was obtained before or during the marriage. The separate property is, but not limited to gifts and inheritances, unless these gifts and inheritances have been used to benefit both spouses as a married couple. Marital misconduct may be a consideration by the court when distributing the property. (Code of Alabama - Title 30)

Alabama Spousal Support, Maintenance, or Alimony:

The court has the right to establish maintenance for either spouse in a divorce proceeding. In determining the appropriate amount, the judge, at his or her discretion. The judge will consider; the value of each spouse's estates as well as their families and up to 50% of any retirement benefits as long as the marriage was ten year or longer. The misconduct of either spouse may be considered in determining the amount; provided, however, that any property acquired prior to the marriage of the parties or by inheritance or gift may not be considered in determining the amount. (Code of Alabama - Title 30 - Chapters: 2-51, 2-52, and 2-55)

Alabama Custody and Visitation:

Upon granting a divorce, the court may give the custody and education of the children of the marriage to either father or mother, as may seem right and proper, having regard to the moral character and prudence of the parents and the age and sex of the children; and pending the action, may make such orders in respect to the custody of the children as their safety and well-being may require. But in cases of abandonment of the husband by the wife, he shall have the custody of the children after they are seven years of age, if he is a suitable person to have such charge. In all cases of voluntary separation of husband and wife, the circuit court has power, on the motion of either party, 20 days notice thereof being given to the other, to permit either the father or mother to have the custody and control of the children and to superintend and direct their education, having regard to the prudence, ability and fitness of the parents, and the age and sex of the children. (Code of Alabama - Title 30 - Chapters: 3-1)

Alabama Child Support:

When the parties cannot agree, the court will apply the state support guidelines which are presumed to be correct unless the court feels a deviation from the amount is appropriate. The court will deviate from the guidelines if the parties agree to do so or it believes it is necessary in order to establish an order that is in the best interests of the children. The parents are required to file an Income and Expense Affidavit along with W-2's to verify income. (Code of Alabama - Title 30 - Chapters: 3-1)

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Alabama Common Questions

How Do I Know if I Should File in Alabama?

One would typically file for divorce in the state in which he or she or his or her spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish residency prior to filing.

If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state.

If you are in the military and are stationed overseas, you would typically file in your home residency state.

Can I Use 3StepDivorce^TM if I Have Children?

Yes. The system and your documents will address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.

How Much Are the Alabama Filing and/or Court Fees?

The filing and/or court fees are not included in our fee and typically range from $50.00 to $350.00 in total depending on your location of filing and whether or not you have children. The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.

How Long Will the Process Take in Alabama?

The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.

Should I File or Should My Spouse File?

As a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized typically does the filing.

Where and How Do I File My Documents?

The documents are filed at your local county courthouse in the family law or domestic relations division or department. Inside your account you will receive step-by-step filing procedures.

Can I Mail or Fax My Documents to the Clerk?

Many courts do permit you to mail and/or fax the documents. This will vary from county to county and state to state, so it will be best to check with the clerk at the courthouse when you are ready to file.

Do I Have to Go to Court in Alabama?

Depending on your state and your situation, you may or may not have to attend a short hearing. Most of the time when a hearing is required, it only lasts 10-15 minutes and only the filing spouse must attend. The hearing is where you will be granted your divorce and the judge will sign the final judgment or decree.

Do I Have to Also Hire a Lawyer?

3StepDivorce is designed for you to do your own uncontested divorce without hiring a lawyer. You will be acting as your own lawyer and filing for your own divorce. Should you need or desire legal advice or should your divorce become contested, we do suggest you hire the services of a lawyer.

Will My Name Also Be Changed?

The wife has the option to change her name back to her former or maiden name through the 3StepDivorce solution.

When is the Divorce Actually Finalized in Alabama?

The divorce is typically finalized when the Judge signs the final judgment or decree. We give a window of 30-90 days from the filing date, but this will vary due to case load at the courthouse and any mandatory waiting periods.

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The Negotiation Center: Can't agree? Successfully settle your issues without spending hundreds on legal fees. Truly innovative and only offered through 3StepDivorce^TM.

Custody & Support Tracker: A scheduling calendar to help you manage custody, visitation and support. Easily track events and generate historical reports for current and future use. A custody management tool like this is highly recommended by courts, judges, and lawyers throughout the U.S..

Your Personal Divorce Organizer: Easily document everything in a savvy calendar environment and set e-mail auto-reminders during the process. Super easy to use and helps keep your divorce information all in one place for easy reference.

The Divorce Encyclopedia: Searchable A-Z of over 1000 divorce related terms with a definition and application in divorce. A continuously growing resource for all aspects of your divorce and the filing process.

Name Change Center: A free Name Change Notification Kit which greatly lessens the hassles of finalizing the name change process with the Social Security Office, your Driver's License, your Passport, and others.

The Divorce Download Center: A collection of over 40 titles, covering the legal, financial and emotional aspects of divorce. The wide selection of invaluable, time-tested, resources at your fingertips.