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Divorce

DOCUMENTS REQUIRED FOR FILING A NON-CONTESTED DIVORCE

WITH NO MINOR CHILDREN:

  • Complaint for Divorce (signed by Plaintiff)
  • Answer, Waiver, and Agreement for Taking Testimony (both parties’ signatures must be notarized)
  • Plaintiff’s Testimony (signature must be notarized)
  • CS-47 Child Support Information Sheet (even if you do not have children)
  • Marital Settlement Agreement (signed by both parties and witnessed or notarized)
  • Final Judgment of Divorce
  • Vital Statistics Form or Certificate of Divorce (This is supplied by the Clerk’s Office)

WITH MINOR CHILDREN, YOU WILL ALSO NEED THE FOLLOWING FORMS IN ADDITION TO THOSE LISTED ABOVE:

The following forms can be found on the website at http://eforms.alacourt.gov under Child Support forms:

  • CS-41 Child Support Income Statement/Affidavit (both parties must submit one)
  • CS-42 Child Support Guidelines (can find the recommended child support amount at http://www.alacourt.gov/childsupportinfo.aspx and look for “Schedule of Basic Child Support Obligations”
  • CS-43 Notice of Compliance
  • CS-47 Child Support Information Sheet

Both parents must attend a KIDSCOPE Parenting Class and file the Certificate of Completion with the Court. Call 256-737-9386 for an appointment.

ORDERED CHILD SUPPORT

Effective January 1, 1994, when any order of Child Support is entered, the Income Withholding Order shall be served immediately, unless the parties have reached an alternative agreement and the judge approves such agreement. The following form must be completed and filed when the Income Withholding Order is served immediately: CS-01CSED Income Withholding for Support (supplied when applicable)

Some helpful websites:
www.alabamalegalhelp.org (here you can find the Divorce Complaint, Answer to Divorce Complaint, and Plaintiff’s Testimony; however, these forms are designed for parties with no children and no assets)
eforms.alacourt.gov (go to link for “Civil Forms”. Here you can find the Final Judgment of Divorce Form C-57 on this website).
www.rocketlawyer.com (Divorce settlement agreement can be found on this site)

WE CANNOT ASSIST YOU IN FILLING OUT THE FORMS. ALL PAPERWORK SHOULD BE COMPLETED BEFORE YOU BRING IT TO THE CLERK’S OFFICE. IF YOU WANT US TO NOTARIZE YOUR SIGNATURE, PLEASE BRING A PHOTO ID WITH YOU. WE CAN ONLY NOTARIZE ORIGINAL DOCUMENTS BEING FILED WITH THE COURT.

**The filing fee for a divorce (contested or non-contested) is $224.00. This may be paid by cash, cashier’s check or money order.**

**THE CLERK’S OFFICE CANNOT GIVE LEGAL ADVICE. WE RECOMMEND THAT ANYONE FILING A DIVORCE CONTACT AN ATTORNEY**