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
In Alabama, custody-related matters are addressed using the legal terms “visitation” and “parental responsibility”. Visitation refers to the time each parent spends with the child, while parental responsibility refers to decision-making authority over the child’s welfare.
Alabama courts encourage both parents to maintain frequent and meaningful contact with their children following a divorce. Visitation arrangements are typically outlined in a Parenting Plan, which may be created by agreement between the parents or, if necessary, ordered by the court.
A Parenting Plan typically includes:
The level of detail in a Parenting Plan can vary based on the parents’ ability to communicate and cooperate. When parents can agree, the plan may be more flexible. If not, the court may require a more detailed and structured schedule to avoid confusion.
If the parents cannot agree on a Parenting Plan, the court will establish one based on the best interests of the child. Factors considered may include:
The court does not favor one parent over the other based on gender.
Parental responsibility refers to the right to make decisions about important aspects of the child’s life, such as:
Alabama law requires that these areas be addressed in every Parenting Plan submitted for court approval.
One parent will typically be designated as having primary physical residence of the child for purposes such as school zoning or out-of-state legal recognition.
Under Alabama’s relocation laws, a parent may not move a child more than 60 miles from their current residence without the consent of the other parent or approval from the court. Moves within 60 miles generally do not require prior notice or court involvement.
While Parenting Plans are specific and enforceable, Alabama courts encourage parents to work together to adapt the schedule as needed to meet the child’s evolving needs. This may include adjusting for school activities, travel, or special events, so long as both parents agree.
Each Parenting Plan is incorporated into the Final Judgment of Divorce and becomes legally binding once approved by the court.
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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