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 applies after filing a Complaint for Divorce or Summons with the Circuit Court: about 30 days for cases without minor children and about 45 days for those involving minors. This waiting period must pass before a judge can grant the divorce. 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, which can affect how quickly your case is reviewed and finalized.