In an uncontested divorce, the case is filed in the Circuit Court in the county where you or your spouse resides. The online attorney can file the documents you receive. When the online attorney files the documents, the attorney communicates with the court on your behalf. Generally, no court hearing is required in an uncontested divorce. When the online attorney files the case and enters a notice of appearance, it is unlikely that a court hearing will be necessary to finalize your agreed divorce. But any judge may request a hearing at that time. The judge has the absolute right to require a hearing, even in an uncontested divorce. With the online attorney filing the case for you, the attorney will try to address any issues or concerns the court raises to avoid an actual hearing. Even so, a judge may still require a hearing to finalize your divorce even though the attorney has sent additional information to the court. Should a court hearing be required, and we e-filed your case for you, the online attorney will request permission for all parties to attend the hearing remotely via Zoom or similar video technology to avoid anyone having to appear in court physically. In the rare instance that the court requires an in-person hearing, we can assist you by locating a local attorney to appear with you in court should the online attorney not be able to attend the hearing for any reason. An additional fee is required for the online attorney to attend a virtual court hearing, and a local market fee shall be required for you to have a local attorney, if required, to appear in person with you at an in-person hearing.
×Under Alabama law, a mandatory waiting period of 30 days applies after filing a Complaint for Divorce or Summons with the Circuit Court. This waiting period must pass before a judge can grant the divorce. This 30-day period, often referred to as a "cooling- off period," is designed to allow parties to consider their decision and potentially reconcile.
Filing promptly allows the waiting period to begin sooner, expediting the process. Please note that there is no guarantee the judge will sign the divorce decree immediately upon reaching the required waiting period.The timing may vary based on the judge’s schedule and the court’s caseload, affecting how quickly the judge reviews and finalizes your case.
Alabama Code § 30-2-8.1 -
a) A court shall not enter a final judgment of divorce until after the expiration of 30 days from the date of the filing of the summons and complaint.
(b) This section shall not restrict the power of the court to enter any temporary orders necessary prior to the expiration of the waiting period. The temporary orders may include, but shall not be limited to, temporary orders on custody, spousal or child support, visitation, exclusive occupancy of the marital residence, or restraining the parties.
×Step 1: Document Drafting
You complete a simple online questionnaire.
A licensed Alabama attorney prepares your divorce documents.
Step 2: Legal Compliance
You and your spouse sign and notarize the documents.
Step 3: Court Filing
The attorney conducts a final review and e-files your case with the appropriate Circuit Court.
Step 4: Divorce Granted
The court reviews your case and issues the Final Judgment of Divorce.
You have questions?
We have answers...
You can contact us by email at
info@alabamadivorceonline.com
or call us at
Alabama is considered an “equitable distribution” state. And generally speaking the courts will divide all assets and liabilities in a manner it deems to be “just and right”
Chapter 61.075 of the Alabama Statutes covers the specific laws regarding marital and non-marital assets and liabilities. Typically if one spouse owned property before the marriage and it was not comingled with other marital assets, it will remain separate property. All other assets and liabilities acquired during the marriage would usually be considered marital.
Sec. 7.001. GENERAL RULE OF PROPERTY DIVISION. In a decree of divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.
Courtesy of: Alabama Constitution and Statutes
×Sec. 3.001. SEPARATE PROPERTY. A spouse's separate property consists of:
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Sec. 3.002. COMMUNITY PROPERTY. Community property consists of the property, other than separate property, acquired by either spouse during marriage.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Sec. 3.003. PRESUMPTION OF COMMUNITY PROPERTY.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Courtesy of: Alabama Constitution and Statutes
×Step 1: Document Drafting
You complete a simple online questionnaire.
A licensed Alabama attorney prepares your divorce documents.
Step 2: Legal Compliance
You and your spouse sign and notarize the documents.
Step 3: Court Filing
The attorney conducts a final review and e-files your case with the appropriate Circuit Court.
Step 4: Divorce Granted
The court reviews your case and issues the Final Judgment of Divorce.
You have questions?
We have answers...
You can contact us by email at
info@alabamadivorceonline.com
or call us at
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