Divorce with Confidence
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.
×A quitclaim deed is a legal document used to transfer one person’s ownership interest in property to another. In divorce cases, it is commonly used to transfer a home, land, mobile home, or timeshare from one spouse to the other as part of the property division.
Quitclaim deeds are often used after a Final Judgment of Divorce when one spouse is awarded ownership of jointly held property. The quitclaim deed removes the other spouse’s interest in the property.
Note: The correct term is “quitclaim deed.” Although sometimes informally called a “quick claim deed,” that is not the legal name.
Each property being transferred requires a separate quitclaim deed.
If you are a current Alabama Divorce Online client and need to transfer property as part of your divorce settlement, we offer a flat-rate quitclaim deed service:
All quitclaim deeds are prepared by a licensed Alabama attorney and include detailed filing instructions.
To request a quitclaim deed, email info@alabamadivorceonline.com and include your Case ID (if applicable).
Ready to begin your uncontested divorce case? Start today with Alabama Divorce Online.
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