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:

☐ Both parties are Alabama residents at filing — NO minimum residency required.
☐ Only Plaintiff is an Alabama resident; Defendant lives out of state — Plaintiff must be a bona fide Alabama resident for at least 6 months immediately before filing.
☐ Only Defendant is an Alabama resident; Plaintiff lives out of state — NO minimum required.

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 for one year
☐ § 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 nonresident → county where Plaintiff resides.

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

☐ Neither party may remarry (except to each other) until 60 days after entry of the final judgment.

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/Defendant] is and has been a bona fide resident of the State of Alabama for more than six (6) months immediately preceding the filing of this Complaint (if required by § 30-2-5), and is currently a resident of [____________________________] County.

3. Jurisdiction and Venue. This Court has subject matter jurisdiction over the marital relationship and personal jurisdiction over the parties. Venue is proper under Ala. Code § 30-2-4.

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). Pursuant to Ala. Code § 30-3B-209, the residential history of each child for the past five (5) years is set forth in the UCCJEA Affidavit filed contemporaneously herewith.

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, pursuant to Ala. Code §§ 30-2-50 to 30-2-55.

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.
3. Defendant ADMITS the jurisdictional allegations (parties, marriage, residency, grounds).
4. Defendant has read the Marital Settlement Agreement, agrees to its terms, and signs it voluntarily.
5. Defendant WAIVES the right to file an Answer, the right to be present at any hearing, and the right to receive further notice of proceedings.
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 by QDRO if applicable: [________________________].

D. Debts

Each party shall be solely responsible for the debts listed beside their name and shall indemnify and hold the other harmless.

E. Alimony (Ala. Code §§ 30-2-50 to 30-2-55)

☐ Both parties knowingly and voluntarily waive periodic, rehabilitative, and lump-sum alimony, present and future.
☐ Periodic alimony of $[________] per month from [__/__/____] for [____] months, [terminable upon remarriage / cohabitation per § 30-2-55].

F. Tax

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

G. Mutual Releases

Except for obligations arising under this Agreement, each party releases the other from all claims arising out of the marriage.

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 [______________].

B. Visitation Schedule

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

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

☐ Income withholding ordered (Ala. Code § 30-3-60 et seq.).
☐ 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 over 18 and of sound mind.
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 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-41/42/43 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; income withholding shall issue per Ala. Code § 30-3-60.
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 remarry (except to each other) until 60 days after the entry of this Judgment.
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 residency: 6-month rule if Defendant is nonresident; otherwise none.
☐ Prepare Complaint, Summons, Civil Cover Sheet, Marital Settlement Agreement, Answer & Waiver, Affidavit of Plaintiff.
☐ If minor children: complete CS-41 (each parent), CS-42, CS-43, CS-47, UCCJEA Affidavit, parenting plan.
☐ E-file via AlaFile (alacourt.gov); pay filing fee (county-dependent, typically $300–$400) or file fee waiver (Form CV-93D Affidavit of Substantial Hardship).
☐ 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, Vital Statistics certificate, and any required orders for income withholding.
☐ Court may rule on the papers without hearing in true uncontested cases (county practice varies).
☐ Obtain certified copies of Final Judgment.
☐ Observe 60-day remarriage moratorium (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.