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Alabama Divorce Self-Help Center

Many customer Alabama divorce questions are answered here.  Browse from the topics below or use the search box to narrow your search.
 
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General Information State Procedures   Custody, Visitation, Support
  Property and Debts   Special Circumstances Additional Resources
GENERAL INFORMATION
How does DivorceWriter work? 375
Completing and filing your paperwork involves the following steps: Complete pre-buy interv... more
What happens after I receive my DivorceWriter documents? 1917
Just follow the step-by-step instructions included with your DivorceWriter package, which ... more
How do I make changes to my documents after I receive them? 1449
If you want to make changes to any of your documents after receiving them in the mail, you... more
Will DivorceWriter documents work in my state and/or in my situation? 1969
DivorceWriter provides self-help divorce documents and instructions. DivorceWriter is not... more
I finished the online interview. How long will it take to receive my documents? 1981
In all jurisdictions, DivorceWriter provides flexible document delivery options: Digital d... more
I want to use DivorceWriter to prepare my own divorce documents. What do I do next? 1864
To get started, click on "Start the Process" above. You will be taken to our online inter... more
Can I use DivorceWriter in my state? 1979
DivorceWriter provides divorce documents for almost every U.S. state and the District of C... more
What if I need additional documents that were not included in my DivorceWriter package? 2000
Contact customer service at info@divorcewriter.com with the name or form number of the doc... more
What is the online interview? 1863
In as little as 10-15 minutes, the online interview allows you to enter the information ne... more
Can you overnight my documents to me so that I can have them right away? 2586
In all jurisdictions, DivorceWriter provides flexible document delivery options: Digital d... more
How do I change my password? 1972
To change your password you must first log back into your account at divorcewriter.com/log... more
How do I make changes to my interview responses? 1973
With a DivorceWriter purchase, you can make free unlimited revisions for two years. To ma... more
Are DivorceWriter documents legal? 1964
DivorceWriter's goal is to provide self-help divorce documents. However, DivorceWriter is ... more
Does DivorceWriter provide documents for annulments? 2165
No, DivorceWriter does not currently provide documents for annulments.
Can we get a divorce if one spouse is pregnant? 3947
Yes, a divorce may proceed during a pregnancy. However, some states require the child to b... more
Is DivorceWriter a law firm, legal document preparation service or software company? 4049
DivorceWriter is not a law firm and does not provide legal advice or legal representation.... more
How do we split a retirement plan? 3980
DivorceWriter has partnered with QDRODesk, a service that assists customers with preparing... more
Does DivorceWriter have a good reputation? 4054
Yes. DivorceWriter is operated by Pro Se Planning, Inc., which has been in business for mo... more
Why was I charged $157 instead of $137? 3991
DivorceWriter's standard digital divorce package is a one-time fee of $137. If you total ... more
Do we need a quit claim deed to complete the transfer of jointly held real estate? 3982
Generally, when spouses jointly own real estate, it will be necessary for the other spouse... more
How do I check the status of my divorce package? 3925
To check on the status of your divorce package, follow these steps: Go to divorcewriter.co... more
Are DivorceWriter documents available in any other languages? 3927
DivorceWriter document packages, including the filing procedures and court forms, are curr... more
What is DivorceWriter's legal company name and where is the company registered? 4047
DivorceWriter.com is operated by Pro Se Planning, Inc. Pro Se Planning, Inc. is a Washingt... more
Do I need to complete my DivorceWriter documents before using the online notary service? 4000
Yes. Complete your online interview on DivorceWriter first and refer to the signing and fi... more
What if I can't afford the court filing fee? 3741
Generally, people who are already on government assistance and/or have an annual income th... more
How do I email documents to myself? 3922
To email documents to yourself, follow these steps: Go to divorcewriter.com/login to log i... more
Do you have court filing fee waiver forms? 3997
Yes. Filing fee waiver forms, commonly known as In Forma Pauperis or IFP forms, are availa... more
Are DivorceWriter forms reviewed by attorneys? 4050
Attorney review is not part of the DivorceWriter service. DivorceWriter does not represent... more
How do I sign up and pay for DivorceWriter? 3995
To sign up for DivorceWriter, select your state from the dropdown on our start page and cl... more
My documents were rejected. What should I do next? 3958
If the court rejected your state-specific documents due to an issue with our forms, please... more
What is included in the divorce package? 3784
The DivorceWriter package includes filing procedures and all the documents needed to compl... more
I didn't list any property or debts in the online interview. Why do some of my documents ask the court to divide property and debts? 3360
Asking the Court for to divide property and debts fairly is standard language in the Divor... more
What if an attorney says the court won't accept forms I prepare using DivorceWriter? 4003
IIf an attorney says DivorceWriter documents cannot be used or will not be accepted by the... more
How do I cancel my order or request a refund? 3957
If your documents have not been sent to you via email or mail, you may request a full refu... more
Why does DivorceWriter not provide a phone number or phone support? 3992
To keep our fee low at $137 flat with no hidden charges, we handle customer service direct... more
I met with a lawyer and they said the court will reject my paperwork. What do I do? 3953
Lawyers and online DIY divorce product providers compete for your business. You are a lawy... more
What steps will my spouse or the respondent have to take? Do they need to sign paperwork or go to court? 3933
In an uncontested divorce, your spouse generally needs to sign the settlement agreement an... more
How long does DivorceWriter keep customer information and divorce documents? 4053
DivorceWriter customers may access their account and make free, unlimited revisions to the... more
How do I make changes to my documents after I get them? 3941
If you want to make changes to any of your documents after receiving them in the mail, you... more
Do we need to notify the court of any address changes during the divorce? 3405
Any questions concerning the requirements for notifying the court about changes of address... more
Can I file for divorce during a bankruptcy or vice versa? 3865
Thank you for your inquiry. A divorce combined with a bankruptcy can be complicated and de... more
Will this be all the paperwork I need? 3985
Generally, yes. Your DivorceWriter package includes the state-specific divorce forms and f... more
Can I just notarize one copy of my document, and then make copies of the page with the original signature? 3864
Yes. Since notaries charge a per document fee, you will save money by having one document ... more
How can I verify DivorceWriter's business registration or the licensing of people handling my documents? 4055
DivorceWriter is operated by Pro Se Planning, Inc., a Washington corporation. Corporate re... more
How do I open and download my documents? 3940
If you're having trouble opening or downloading your divorce documents, the issue is often... more
Who is my retirement plan administrator? 3866
The plan administrator is the person or company selected by your employer to manage the re... more
Can we get divorced while we still live together? 3936
In most states, you can live together while going through a divorce. Find out about your s... more
Will my documents be completed or will I have to fill them out myself when I receive them? 3121
For the most part, your DivorceWriter documents arrive completed with the information that... more
I encountered a security restriction error when trying to e-file a document notarized online. 3899
Some customers receive the following error when attempting to e-file a document they had n... more
Will my divorce hearing be online? 3951
In the states that require a hearing to finalize a divorce, most judges allow (and many re... more
Can I hand-write missing information on my documents or do they have to be typed? 3863
As long as the form itself does not specifically state that it must be typed, you may hand... more
Can I file for divorce if there is an active protective order? 3945
You have the right to file for divorce without an attorney even if one spouse has an order... more
Can I file for divorce by mail in or e-file my divorce papers if my courthouse is closed to the public? 3881
Yes. While courthouses are limiting access to the public to slow the spread of COVID-19, c... more
How do I get a document notarized online? 3883
To learn more about notarizing a document online, visit our online notarization guide.
How much does the court clerk charge for filing a divorce case? How much are court costs? How much is the divorce filing fee in my state? 3998
Court filing fees vary by state and county, typically ranging anywhere from $100 to $450 d... more
What grounds for divorce can I use? 4002
The legal grounds available for divorce vary by state. Many states allow only no-fault div... more
Does it matter which spouse files for divorce? 3502
Generally speaking, both spouses should have the same rights in a divorce proceeding regar... more
How do I serve divorce papers on an uncooperative spouse? 3954
When your spouse signs a waiver or acceptance of service, formal service isn't necessary. ... more
Can I use DivorceWriter if there is an active protective order? 3946
You have the right to file for divorce without an attorney even if one spouse has an order... more
Do I have to go to court to finalize my divorce? 3930
Whether you have to go to court depends on the state where you file. Approximately half of... more
How does the DivorceWriter process work from start to finish? 3996
The DivorceWriter process is simple and broken down into a few clear steps: Qualifying & ... more
What is DivorceWriter's contact information? 3956
Inquiries of a non-legal nature may be directed to: Email: info@DivorceWriter.com Address... more
How do I serve a spouse that lives in a different state or country? 3810
The process for serving a spouse that lives in another state or country depends on the sta... more
Do we include step-children in our divorce? 3861
No. Only include children to whom both spouses are the legal parent. If you're filing for... more
Is DivorceWriter legitimate or a scam? 3888
DivorceWriter is a legitimate, US-based legal document service operating online since 2005... more
How do I request my documents be printed? 3923
To order printing and shipping, follow these steps: Log in at divorcewriter.com/login if n... more
I didn't ask the judge to change my last name when I got divorced. Is it too late? 3950
Generally, if you did not change your name when you got divorced, you can file a request w... more
I need a form that is not available online or in the DivorceWriter's supplemental forms database. How can I find a sample form elsewhere? 3352
Divorce documents are public record, so it is usually possible to obtain a copy of one or ... more
Can I create another divorce in my account?  2712
Yes, you can purchase additional divorces from your Account Summary page. To create anoth... more
Does DivorceWriter provide notary services? 3959
While DivorceWriter is not a notary public itself, we partner with an online notarization ... more
Does DivorceWriter provide a service agreement or itemized bill? 4056
DivorceWriter provides an email receipt confirming the purchase. Customers receive their ... more
I paid for DivorceWriter, but I didn't create an account. How do I finish my forms? 4001
An account was automatically created for you as soon as your payment went through. Your lo... more
Can I file for divorce by mail? 3942
Many courts allow divorce documents to be filed by mail. Generally, this is done by mailin... more
What's the difference between an Acknowledgement and a Jurat? 3634
With an Acknowledgement, the notary is certifying that the signer appeared before the nota... more
How will my documents be delivered? 3990
During checkout, you can select how you would like your package to be delivered. DivorceW... more
Can I change my last name? 3949
Either spouse can resume a former last name as part of a divorce. Top 5 Name Change Questi... more
Can I sign my documents using an electronic signature service? 3993
How divorce papers should be signed depends on how they will be filed and whether a docume... more
What happens if the court rejects DivorceWriter documents or asks for corrections? 4057
If a court rejects DivorceWriter documents or requests corrections, email the court's writ... more
Does DivorceWriter contact my spouse or send them a notification to complete the interview? 3994
No. DivorceWriter communicates exclusively with the purchasing account holder and never em... more
Where can I leave feedback? 3989
After you make a purchase, we'll send you an email inviting you to write a review.
Can I e-file my divorce papers? 3943
Many courts allow divorce documents to be filed electronically, but e-filing availability ... more
I changed my mind after filing for divorce. How do I stop the divorce now? 3952
If the divorce has not yet been granted, you can ask the court to dismiss your divorce cas... more
Are the forms up-to-date? 3939
The revision date shown in the footer of each form indicates the last time that particular... more
Did you receive my order or payment for my divorce documents? 3984
If your divorce package purchase went through, your DivorceWriter account will reflect an ... more
Who is the legal parent of the child? 3948
Visit divorcewriter.com/pregnancy-legal-parentage-and-divorce to learn more about Learn mo... more
We were married in a foreign country. Can we divorce in the U.S.?  2635
As long as you meet the residency requirements for filing for divorce in the state where y... more
How to I get a Qualified Domestic Relations Order (QDRO) to separate a retirement plan or account? 3999
DivorceWriter has partnered with QDRODesk, a service that assists customers with preparing... more
Does anyone prepare or review my DivorceWriter documents for me? 4051
No. DivorceWriter documents are generated by an automated system that transfers the inform... more
I legally changed my name to something other than my spouse's last name after I got married. What name do I use when filing for divorce? 4058
Always use your current legal full name when filing for divorce. This is the case regardle... more
What is DivorceWriter's address and customer service phone number? Where are you located? 4048
Customer service is provided by email only at info@DivorceWriter.com, Monday through Frida... more
I didn't list any property or debts in the online interview. Why do some of my documents ask the court to divide our property and/or debts? 3361
The Divorce Petitions/Divorce Complaints in most states contain language asking the Court ... more
Does DivorceWriter share, sell or disclose customer information? 4052
DivorceWriter does not rent, sell or share personal information with other people or nonaf... more
Ready to Begin now?
STATE PROCEDURES
How much is the filing fee in Alabama? 2320
The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for divorce in Alabama varies from county to county, but is typically $150.00-$300.00.
Will either of us be required to attend a court hearing? 2311
Yes. To obtain a divorce in Alabama, the spouse who files for divorce (the Plaintiff) must attend a brief divorce hearing.
Do any documents require notarization? 1982
The filing instructions included with your DivorceWriter package will provide additional i... more
What are the signature requirements for the documents I will receive? 899
The state-specific filing procedures included in the DivorceWriter package indicate which ... more
What documents are included in the self-prepared Alabama DivorceWriter package? 2321
Your self-prepared DivorceWriter package will include:
  • Alabama Divorce Filing Procedures
  • Divorce Complaint
  • Child Support Information Sheet (CS-47)
  • Answer and Waiver
  • Affidavit of Residency
  • Plaintiff's Testimony
  • Agreement for Taking Testimony
  • Settlement Agreement
  • Final Judgment of Divorce
  • Vital Statistics Form HS-16
Customers with children will also receive the following:
  • Custody Affidavit JU-23
  • Child Support Obligation Income Statement/Affidavit CS-41 Form (one for each spouse)
  • Child Support Guidelines CS-42 Form
  • Child Support Guidelines Notice of Compliance CS-43 Form
  • Order/Notice to Withhold Income
In which county do I file my divorce? 2308
If the Defendant (non-filing spouse) lives in Alabama, the divorce must be filed in either: (1) the county where the Defendant lives or (2) the county where the parties lived together when the separation occurred. If the Defendant is not an Alabama resident, then the divorce can be filed in the county where the Plaintiff lives. Alabama Code 30-2-4
What if my spouse and I don't live in the same state? 1856
As long as one spouse meets the residency requirements for the state where the divorce wil... more
Do we have to be live at different residences to get a divorce in Alabama? 2324
No. As long as the spouses consider the marriage over, do not intend to reconcile, and do not have a sexual relationship, they may seek a divorce even if they are living under the same roof.
Can I change my name in Alabama divorce proceedings? 2325
Upon request, the wife may resume the use of her maiden name or any previous surname. Alabama State Divorce Code - Chapter 2, Section 30-2-11
What are the grounds for filing for divorce in Alabama? 2316
Alabama allows for no-fault divorce when there has been an irretrievable breakdown of the marriage and further attempts at reconciliation are impractical or futile and are not in the best interests of the parties or family Alabama Code 30-2-1(a)(9).
What are the Alabama residency requirements for filing for divorce? 2315
If the non-filing spouse (the Defendant) lives in Alabama, there is no required length of time to live in Alabama before filing for divorce. However, if the Defendant does not live in Alabama, the filing spouse (the Plaintiff) must live in Alabama for at least six (6) months before filing for divorce. Alabama Code - Chapter 2, Section 30-2-5
Do I have to divorce in the state where I was married? 1801
No. You can divorce in any state where you or your spouse meet the divorce residency requi... more
Do I have to have my signature notarized on any documents? 1862
The state-specific filing instructions you will receive with your DivorceWriter package in... more
Can the wife change her name back during the divorce? 1807
Yes, the wife may restore her name to the name she had before the marriage took place. If ... more
Where do I file my divorce papers in Alabama? 2309
Divorces are filed at the Circuit Court Clerk's office.
What is considered to be the date of separation in Alabama? 2313
The term "separation date" refers to the date when the spouses stopped living together under the same roof.
Where can I find state-by-state information on how long it takes to get a divorce? 3834
Depending on the state where you live, it can take as little as two weeks and as much as s... more
What are the basic steps for getting a divorce in Alabama? 3921
  1. Prepare and file a Complaint for Divorce and related documents with the Circuit Court Clerk in the appropriate Alabama county and pay the required filing fee.
  2. Provide a copy of the filed documents to your spouse. In uncontested cases, your spouse may sign an Answer and Waiver acknowledging receipt of the divorce papers.
  3. Submit the remaining required documents for the judge's review, including your Settlement Agreement and the Plaintiff's Testimony form (and possibly attend a brief hearing if required by your county). The judge can sign the Final Judgment of Divorce once the mandatory 30-day waiting period has passed.

Detailed filing instructions are included with your document package, and requirements can vary by county.

Does my income fall below the U.S. Department of Health and Human Services Poverty Guidelines? 3528
To qualify for a divorce filing fee waiver, some states require the person filing to have ... more
Can my spouse have documents notarized in a different state? 2981
Yes. If your spouse is unable to have documents notarized by a Notary Public in the state... more
How do I fix or "amend" an error in a document I've already filed with the Court? 2934
If there was an error on one or more of the documents that you have already filed with the... more
My documents ask for the "Cause Number" instead of a "Case Number." Is this correct? 3231
Yes. In a number of U.S. states, the Courts use the term "Cause Number" instead of "Case ... more
Ready to Begin now?
CUSTODY, VISITATION, SUPPORT
What is the difference between child support and spousal support? 338
Spousal support is paid to one spouse by the other for the support and care of the receivi... more
We have agreed that one spouse will pay spousal support to the other. What are some options? 1585
Two common ways for one spouse to receive spousal support payments from the other are (1) ... more
What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines? 2312
In Alabama, reasons for deviating from the child support guidelines may include, but are not limited to, the following:
  • Shared custody or extended visitation: Shared physical custody or visitation rights providing for periods of physical custody or care of children by the obligor parent substantially in excess of those customarily approved or ordered by the court.
  • Visitation transportation costs: Extraordinary costs of transportation for purposes of visitation borne substantially by one parent.
  • College education expenses: Expenses of college education incurred prior to a child's reaching the age of majority.
  • Child assets or income: Assets of, or unearned income received by or on behalf of, a child or children.
  • Best interest of the child: Other facts or circumstances that the court finds contribute to the best interest of the child or children for whom child support is being determined.
The court may deviate from the guidelines for reasons other than those listed above.
What are the different types of custody in Alabama? 2317
In Alabama, child custody arrangements are categorized under the following statutory definitions:
  • Joint Custody: Joint legal custody and joint physical custody.
  • Joint Legal Custody: Both parents have equal rights and responsibilities for major decisions concerning the child, including, but not limited to, the education of the child, health care, and religious training. The court may designate one parent to have sole power to make certain decisions while both parents retain equal rights and responsibilities for other decisions.
  • Joint Physical Custody: Physical custody is shared by the parents in a way that assures the child frequent and substantial contact with each parent. Joint physical custody does not necessarily mean physical custody of equal durations of time.
  • Sole Legal Custody: One parent has sole rights and responsibilities to make major decisions concerning the child, including, but not limited to, the education of the child, health care, and religious training.
  • Sole Physical Custody: One parent has sole physical custody and the other parent has rights of visitation except as otherwise provided by the court.
How is child support calculated in Alabama? 2310
Based on the information provided by the customer when completing this online interview, a computer generated Child Support Worksheet is created and sent to the customer as part of the DivorceWriter package.

More information on Alabama child support is available at: Alabama Child Support

Note: Alabama law requires child support to be ordered until a child's nineteenth birthday or until the child becomes self-supporting, whichever occurs first. If a child is disabled, child support can be extended past 19.
Can we specify how we will claim our child(ren) for income tax purposes? 2086
The DivorceWriter online interview allows you to designate which spouse will claim your mi... more
We have received our documents, but have decided that we do not want any parenting time schedule. Is this possible? 2239
The DivorceWriter online interview, which you completed previously, was designed to accomm... more
We have children. Can I still use DivorceWriter? 1802
Yes, you can use DivorceWriter to create your divorce forms even if you have children. Th... more
Do I have to pay income tax on spousal support payments that I receive? 1984
For federal income tax purposes, spousal support is commonly considered taxable income for... more
We already have a child support order issued by a judge. Will we be able to keep the same amount? 2326
DivorceWriter provides the option to enter information regarding an existing child support order including the amount of support ordered and other identifying case information. Generally, you must also attach a copy of already existing child support document(s) to your Settlement Agreement when you file it.
What if neither spouse has custody of the child(ren)? 3900
For mandatory sections like custody and parenting time, selections must be made to complet... more
Can we use DivorceWriter if one spouse is pregnant? 3928
You can use DivorceWriter when a spouse is pregnant, although the forms will need to be se... more
Do I include minor children if we don't have contact? 3862
Yes. If both spouses are the parents to the minor child, they are included in the divorce.... more
What is the home state of the children under UCCJEA? 3543
While you are entitled to file for divorce in any state where the residency requirements a... more
What if I'm unemployed? 3898
If you are unemployed, any unemployment compensation you receive is considered income. If... more
What if my children live in another state and we already have a court order or informal arrangement concerning child support and child custody/parenting time? 3651
If you want to have the court issue an order as part of the divorce concerning child suppo... more
Ready to Begin now?
PROPERTY AND DEBTS
Do we have to list the debts we have agreed to divide? 1989
About 30% of DivorceWriter customers list debts. The debts listed will appear on the sett... more
We want to transfer real estate into only one spouse's name. Do we need a Quit Claim Deed? 311
Generally, if you want to transfer jointly held real estate into the name of only one spou... more
Can we divide/list as many items of personal property as we want? 1764
Choose to list all, some, or no property. The customer decides which property, if any, to ... more
Do I need to list the legal description of my real estate? 757
It is generally sufficient to just list the physical address of the property (street, city... more
Why do my DivorceWriter documents say that we do not have life insurance or other property that we actually do have? 2726
Some states require divorcing spouses to provide information on several different types of... more
What is the "legal description" of a piece of real estate? 2780
The legal description is usually a one to two paragraph description of land that includes ... more
When can I record the quit claim deed my spouse signed? 3811
One spouse may choose to sign a quit claim deed transferring his or her interest in the ma... more
Ready to Begin now?
SPECIAL CIRCUMSTANCES
I want to get married to someone else as soon as my divorce is finalized. Can I do this in Alabama? 2460
Under Alabama Code 30-2-10, even after the divorce is finalized, neither party can remarry, except to each other, until 60 days after the Judgment of the Divorce is signed by the judge. If you have additional questions concerning this law, you should contact an attorney licensed to practice law in Alabama.
I received my DivorceWriter package today, but I'm not sure I want to file for divorce right away. How how long are these papers good for? 2229
Unsigned divorce documents do not have an expiration date per se. Applicable time periods... more
I can't find my spouse. Can I still use DivorceWriter? 2452
DivorceWriter is designed for couples who have reached an agreement on all issues and who ... more
I am not sure my marriage was legal. Do I even need a divorce? 1970
DivorceWriter is for people who want to end their marriages. If you have any questions reg... more
What if I have an out of state driver's license or no license at all? 995
If the spouse who files for divorce does not have a valid in-state driver's license, it ma... more
My spouse is incarcerated. Can I use DivorceWriter? 2234
Yes, as long as your spouse is capable of receiving documents and signing them in front of... more
How do we get documents notarized in a foreign country? 2449
The meaning of the term "notary" varies widely from country to country. To find a Notary ... more
Where can an active-duty servicemember file for divorce? 3873
A divorce can be filed in the state where either spouse meets the state residency requirem... more
Can I use divorce forms even though they contain gender-specific terms? 3230
One thing that has lagged behind following the legalization of same-sex marriage nationwid... more
My spouse is currently incarcerated. What address do I use? 2745
You may use the address at the facility where your spouse is currently incarcerated. Divo... more
How do I end a civil union or domestic partnership? 3446
When recognized in the state, civil unions and/or domestic partnerships can be entered int... more
Which states allow same-sex divorce? 3530
On June 26, 2015, the U.S. Supreme Court issued a ruling legalizing same-sex marriage nati... more
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