Alabama Uncontested Divorce — Complaint and Judgment Filing Packet

ALABAMA UNCONTESTED DIVORCE — COMPLAINT AND JUDGMENT FILING PACKET

PART 1 — JURISDICTIONAL AND PROCEDURAL CHECKLIST

A. Residency — Ala. Code § 30-2-5

Select the applicable provision:

☐ Defendant is a nonresident — Plaintiff must be a bona fide Alabama resident for at least 6 months immediately before filing and allege and prove that residence.
☐ Defendant is an Alabama resident — state the parties' actual residences and confirm jurisdiction and venue for this case.

Resident party: [____________________________] Date AL residency established: [__/__/____]

B. Grounds — Ala. Code § 30-2-1

Select one:

☐ § 30-2-1(a)(7) — Complete incompatibility of temperament such that the parties can no longer live together (most common uncontested).
☐ § 30-2-1(a)(9) — Irretrievable breakdown of the marriage; further attempts at reconciliation are impractical or futile and not in the best interest of the parties or family.
☐ § 30-2-1(a)(2) — Adultery
☐ § 30-2-1(a)(3) — Voluntary abandonment from bed and board for the year immediately before filing
☐ § 30-2-1(a)(other) — [____________________________]

C. Mandatory Waiting Period — Ala. Code § 30-2-8.1

☐ No final judgment of divorce may be entered until 30 days have elapsed from the date the summons and complaint were filed.
Filing date: [__/__/____] Earliest possible judgment date: [__/__/____]

D. Venue — Ala. Code § 30-2-4

Filing in Circuit Court for [____________________________] County, Alabama.

☐ Both AL residents → county where Defendant resides OR county where parties last resided together when they separated.
☐ Defendant is an AL resident and Plaintiff is not → county where Defendant resides or where the parties resided when separation occurred.
☐ Defendant nonresident → county where Plaintiff resides.

E. 60-Day Remarriage Moratorium — Ala. Code § 30-2-10

☐ The judgment must bar either party from marrying anyone else until 60 days after entry. If an appeal is taken within those 60 days, the restriction continues during the appeal.

F. Required Documents

PART 2 — COMPLAINT FOR DIVORCE

IN THE CIRCUIT COURT OF [____________________________] COUNTY, ALABAMA
[Domestic Relations Division]
Case No.: [DR-____-______]

COMPLAINT FOR DIVORCE

COMES NOW the Plaintiff, by and through [pro se / undersigned counsel], and complains of the Defendant as follows:

1. Parties.

2. Residency. Plaintiff resides in [________________] County; Defendant resides in [________________] County or [OTHER STATE]. If Defendant is a nonresident, Plaintiff has been a bona fide Alabama resident for the six months immediately before this Complaint was filed, as shown by [SPECIFIC FACTS].

3. Jurisdiction and Venue. This Court has jurisdiction over the marital relationship and authority to grant the relief requested for these reasons: [STATE FACTS SUPPORTING JURISDICTION OVER EACH PARTY AND EACH REQUESTED ORDER]. Venue is proper under Ala. Code § 30-2-4 because [STATE COUNTY FACTS].

4. Marriage. The parties were lawfully married on [__/__/____] at [______________________, ____________]. They separated on or about [__/__/____].

5. Children.

☐ No children were born of or adopted into the marriage, and Plaintiff is not currently pregnant.
☐ The parties have [____] minor child(ren):

6. UCCJEA (if children). Each party must give the information required by Ala. Code § 30-3B-209, if reasonably ascertainable, under oath in the first pleading or an attached affidavit. Attach each child's current whereabouts and five-year residential history, persons with whom the child lived, prior or pending custody-related proceedings, and persons claiming custody or visitation rights. If disclosure would jeopardize a party's or child's health, safety, or liberty, request the sealing procedure in § 30-3B-209(e).

7. Grounds. Plaintiff seeks a divorce on the following ground(s):

☐ Complete incompatibility of temperament such that the parties can no longer live together. Ala. Code § 30-2-1(a)(7).
☐ Irretrievable breakdown of the marriage; further attempts at reconciliation are impractical or futile and not in the best interest of the parties or family. Ala. Code § 30-2-1(a)(9).

8. Property and Debts. The parties have accumulated marital property and debts as described in the Marital Settlement Agreement filed herewith and incorporated by reference.

9. Spousal Support. ☐ Neither party seeks periodic or rehabilitative alimony. ☐ Spousal support is addressed in the Settlement Agreement, subject to Ala. Code §§ 30-2-55 and 30-2-57.

10. Name Change. ☐ Plaintiff requests restoration of the prior legal name: [____________________________].

11. Attorney's Fees and Costs. ☐ Each party shall be responsible for their own attorney's fees and costs.

PRAYER FOR RELIEF

WHEREFORE, the Plaintiff respectfully prays this Honorable Court enter a Final Judgment of Divorce:

a. Dissolving the bonds of matrimony between the parties;
b. Approving and incorporating the Marital Settlement Agreement;
c. Awarding custody, visitation, and child support as set forth in the Agreement, if applicable;
d. Equitably dividing the marital property and debts;
e. ☐ Restoring Plaintiff's former name;
f. Granting such other and further relief as is just and proper.

VERIFICATION

State of Alabama, County of [______________]

Before me, the undersigned Notary, personally appeared [PLAINTIFF], who being duly sworn, states under oath that the matters set forth in the foregoing Complaint are true and correct to the best of their knowledge, information and belief.

Plaintiff: [____________________________] Date: [__/__/____]
Sworn and subscribed: [__/__/____] Notary: [____________________________] Commission: [__/__/____]

PART 3 — DEFENDANT'S ANSWER AND WAIVER

IN THE CIRCUIT COURT OF [____________________________] COUNTY, ALABAMA Case No.: [DR-____-______]

ANSWER AND WAIVER

COMES NOW the Defendant, [DEFENDANT NAME], and for Answer to the Complaint for Divorce states:

1. Defendant has received and read the Complaint for Divorce filed in this action.
2. Defendant WAIVES formal service of process under Ala. R. Civ. P. 4(h). This signed document will be filed with the clerk of the court from which process issued.
3. Defendant ☐ admits ☐ denies or qualifies the jurisdictional allegations as follows: [________________________________].
4. Defendant has read the Marital Settlement Agreement, agrees to its terms, and signs it voluntarily.
5. This document is Defendant's Answer. Defendant ☐ consents to the court deciding the uncontested matter on the written record if permitted ☐ requests notice of any hearing. The parties will comply with any notice or hearing the court requires.
6. Defendant REQUESTS the Court approve the Settlement Agreement and grant the divorce.

Defendant: [____________________________] Date: [__/__/____]

State of [______________], County of [______________]
Sworn and subscribed: [__/__/____] Notary: [____________________________] Commission: [__/__/____]

PART 4 — MARITAL SETTLEMENT AGREEMENT

This Marital Settlement Agreement ("Agreement") is entered between [PLAINTIFF] and [DEFENDANT] (collectively, "the parties"), to resolve all issues incident to divorce under Alabama law.

A. Real Property

The marital residence at [______________________________________] shall be:
☐ Awarded to Plaintiff (refinance/deed within [____] days).
☐ Awarded to Defendant (refinance/deed within [____] days).
☐ Sold; net proceeds split Plaintiff [____]% / Defendant [____]%.

B. Personal Property and Vehicles

C. Financial Accounts and Retirement

☐ Each party retains accounts in their sole name except as listed.
☐ Retirement (401(k), IRA, pension): division terms [________________________]. Prepare any separate order or transfer instrument required by the plan or custodian and applicable law.

D. Debts

Each party shall pay the debts allocated here and reimburse the other for amounts the other pays on an allocated debt. This allocation does not release either party from a creditor's claim.

E. Alimony (Ala. Code §§ 30-2-55 and 30-2-57)

☐ Both parties request that the divorce judgment award no rehabilitative or periodic alimony and reserve no jurisdiction to award it later. The parties understand that, under Ala. Code § 30-2-57(c), a divorce judgment with neither an award nor a reservation permanently ends the court's later authority to award rehabilitative or periodic alimony.
☐ Periodic alimony of $[________] per month from [__/__/____] for [____] months. Termination for the recipient's remarriage or statutory cohabitation under Ala. Code § 30-2-55 requires a party's petition, proof, and court modification of the divorce decree.

F. Tax

☐ For the last joint tax year [______], refunds/liabilities allocated: [____________].

G. Mutual Releases

Each party releases the other from property claims expressly resolved by this Agreement, subject to court approval and third-party rights. This release does not waive an existing court order, a claim reserved here, or a support obligation except as the court may order.

I have read this Agreement, understand its terms, had the opportunity to consult counsel, and execute it freely and voluntarily.

Plaintiff: [____________________________] Date: [__/__/____]
Defendant: [____________________________] Date: [__/__/____]
Both signatures notarized: ☐ Yes

PART 5 — CHILDREN: CUSTODY, VISITATION, AND CHILD SUPPORT

A. Custody (Ala. Code § 30-3-150 et seq.)

☐ Joint legal custody. ☐ Sole legal to [______________].
☐ Joint physical custody. ☐ Primary physical with [______________].
If joint custody is requested, state the parents' plan for care, education, medical and dental care, holidays, vacations, support, and the parent with primary authority over the listed decisions if the parents cannot agree, as required by Ala. Code § 30-3-153: [PLAN OR ATTACHED SCHEDULE].

B. Visitation Schedule

Regular: [________________________________________________]
Holidays / summer / school breaks: [________________________________________________]

C. Child Support (Ala. R. Jud. Admin. 32)

If child support is ordered, include the separate withholding section required by Ala. Code § 30-3-61(a). State any court-approved good-cause finding or written alternative arrangement affecting immediate implementation under subsection (d): [________________________________].
☐ Health insurance to be maintained by: [______________].
☐ Uninsured medical/dental expenses allocated: [____]% Plaintiff / [____]% Defendant.
☐ CS-43 Notice of Compliance attached.

PART 6 — AFFIDAVIT OF PLAINTIFF / TESTIMONY OF PLAINTIFF

State of Alabama, County of [______________]

I, [PLAINTIFF FULL NAME], being duly sworn, state:

1. I am the Plaintiff and have personal knowledge of the facts in the Complaint.
2. I am legally competent to make this affidavit.
3. I am a resident of [____________________________] County, Alabama, having resided in Alabama for [____] months/years immediately preceding the filing of this Complaint.
4. The parties were married on [__/__/____] and there exists a state of [☐ complete incompatibility of temperament / ☐ irretrievable breakdown of the marriage], such that no reconciliation is possible.
5. The parties have entered into the Marital Settlement Agreement voluntarily and after full disclosure of assets and liabilities.
6. ☐ There are no minor children of the marriage / ☐ Provisions for the [____] minor children are set forth in the Agreement and are in their best interest.
7. ☐ Plaintiff is not pregnant / ☐ Plaintiff is pregnant and disclosure has been made.
8. I request that the Court grant the relief sought in the Complaint.

Plaintiff: [____________________________] Date: [__/__/____]
Sworn and subscribed: [__/__/____] Notary: [____________________________] Commission Expires: [__/__/____]

PART 6A — CHILD CUSTODY INFORMATION AFFIDAVIT (IF CHILDREN)

Each party must provide the information required by Ala. Code § 30-3B-209 in that party's first pleading or an attached affidavit. Use a separate signed copy for each party. If disclosure of an address or whereabouts would jeopardize health, safety, or liberty, ask the court to seal that information under § 30-3B-209(e) rather than placing it on a public form.

I, [FULL NAME], ☐ Plaintiff ☐ Defendant, being duly sworn, state the following information to the extent reasonably ascertainable:

1. I ☐ have ☐ have not participated as a party, witness, or otherwise in another proceeding about custody or visitation of a listed child. If yes, identify court, case number, and determination date: [________________________________].
2. I ☐ know ☐ do not know of a proceeding that could affect this custody case, including an enforcement, protective-order, termination-of-parental-rights, or adoption proceeding. If yes, identify court, case number, and type: [________________________________].
3. I ☐ know ☐ do not know of a nonparty who has physical custody or claims custody or visitation rights. If yes, give name, address, and claimed right: [________________________________].

I will inform the court of any later proceeding that could affect this case.

Signature: ________________________________ Date: [__/__/____]

Sworn before me on [__/__/____]: ________________________________ Notary Public

PART 7 — FINAL JUDGMENT OF DIVORCE

IN THE CIRCUIT COURT OF [____________________________] COUNTY, ALABAMA
Case No.: [DR-____-______]

FINAL JUDGMENT OF DIVORCE

This cause came on to be heard upon the Complaint for Divorce, the Answer and Waiver of Defendant, the Marital Settlement Agreement, the Affidavit of Plaintiff, [☐ CS-41, CS-42 or CS-42-S as applicable, and CS-43 forms], and other matters of record. More than thirty (30) days have elapsed from the filing of the summons and complaint as required by Ala. Code § 30-2-8.1. The Court, being fully advised, FINDS, ORDERS, ADJUDGES, AND DECREES as follows:

1. The Court has jurisdiction over the parties and the subject matter.
2. The residency and grounds requirements of Ala. Code §§ 30-2-5 and 30-2-1 are satisfied.
3. There exists [☐ a complete incompatibility of temperament / ☐ an irretrievable breakdown of the marriage], and the marriage cannot be saved.
4. The Marital Settlement Agreement dated [__/__/____] is fair, just, and reasonable, and is ADOPTED, RATIFIED, and INCORPORATED into this Judgment as if fully set forth herein.
5. The marriage between [PLAINTIFF] and [DEFENDANT] is DISSOLVED.
6. ☐ The terms of the Agreement governing custody, visitation, and child support are made the Order of this Court. If child support is ordered, a separate income withholding section shall be included under Ala. Code § 30-3-61(a); the timing of implementation is subject to subsection (d).
7. Marital property and debts are divided as set forth in the Agreement.
8. ☐ Alimony: [____________].
9. ☐ Plaintiff's former legal name [____________________________] is hereby RESTORED.
10. Pursuant to Ala. Code § 30-2-10, neither party shall marry anyone else until 60 days after entry of this Judgment; if an appeal is taken within 60 days, neither party shall marry anyone else during the appeal.
11. The Court retains jurisdiction to enforce and modify this Judgment as permitted by law.

Costs of court are taxed as: [____________].

DONE AND ORDERED this [____] day of [______________], 20[____].

________________________________
Circuit Court Judge

PART 8 — FILING PROCEDURE CHECKLIST

☐ Confirm jurisdiction, venue, and the six-month residency rule if Defendant is a nonresident.
☐ Prepare Complaint, Summons, Civil Cover Sheet, Marital Settlement Agreement, Answer & Waiver, Affidavit of Plaintiff.
☐ If minor children: complete CS-41 (each parent), CS-42 or CS-42-S as applicable, CS-43, the § 30-3B-209 sworn information, and any joint-custody plan; ask the clerk whether CS-47 or another local form is needed.
☐ Confirm the filing method, current fee, and any hardship application with the circuit clerk.
☐ Defendant signs and notarizes Answer and Waiver (or is personally served if no waiver).
☐ Wait a minimum of 30 days from filing date (Ala. Code § 30-2-8.1).
☐ Submit proposed Final Judgment of Divorce, any vital statistics certificate required by the clerk, and the separate withholding section required for a child-support order.
☐ Confirm whether the court requires a hearing or additional sworn proof.
☐ Obtain certified copies of Final Judgment.
☐ Observe the remarriage restriction, including its extension during an appeal taken within 60 days (Ala. Code § 30-2-10).

PART 9 — SOURCES AND REFERENCES

• Alabama Unified Judicial System: https://judicial.alabama.gov/
• Ala. Code Title 30 (Marital and Domestic Relations), Chapters 2 and 3.
• Ala. R. Jud. Admin. 32 (Child Support Guidelines) — current schedule.
• AlaFile (e-filing): https://efile.alacourt.gov
• Alabama State Bar — Family Law Section materials.