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.
×In Alabama, both parents are legally responsible for supporting their children. The amount of support is determined by income, parenting time, and statutory guidelines, not simply by agreement between the parents.
Child support is calculated based on the Alabama Child Support Guidelines, which consider the gross income of both parents, the amount of time the child spends with each parent, health insurance costs, and other relevant factors.
Although both parents share financial responsibility, the amount one parent pays in child support can be affected by the visitation schedule. When one parent has significantly more parenting time, the other parent typically pays support. If parenting time and income are roughly equal, the court may reduce or adjust the amount ordered.
Even if both parents agree to waive child support, the court must ensure that any support arrangement is in the best interest of the child. Courts rarely approve agreements to eliminate support unless both parents earn similar incomes and share time equally.
The Alabama Child Support Guidelines provide a formula that considers:
If a parent is unemployed but able to work, income may be imputed based on minimum wage or earning potential.
If a child support amount deviates from the statutory guideline, the court must explain in writing why the deviation is in the child’s best interest.
Most child support orders in Alabama include an Income Withholding Order (IWO), which directs the paying parent’s employer to deduct support payments from their paycheck. Payments are typically submitted to the:
Alabama Child Support Payment Center
Montgomery, Alabama
This ensures a clear record of payments. Unless both parties agree otherwise and the court approves, child support is not paid directly between parents.
Failure to comply with a court-ordered child support obligation can result in enforcement actions, including:
If you and your spouse agree on child support terms that differ from the guideline amount, the court will require a written explanation. The judge must find that the deviation still meets the best interests of the child before approving the agreement.
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