| GENERAL INFORMATION |
| How does DivorceWriter work? |
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In all jurisdictions, completing your paperwork through DivorceWriter involves the followi... more
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| What happens after I receive my DivorceWriter documents? |
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Just follow the step-by-step instructions included with your DivorceWriter package, which ... more
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| How do I make changes to my documents after I receive them? |
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If you want to make changes to any of your documents after receiving them in the mail, you... more
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| Will DivorceWriter documents work in my state and/or in my situation? |
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DivorceWriter provides self-help divorce documents and instructions. DivorceWriter is not... more
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| I finished the online interview. How long will it take to receive my documents? |
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In all jurisdictions, DivorceWriter provides flexible document delivery options: Digital d... more
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| I want to use DivorceWriter to prepare my own divorce documents. What do I do next? |
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To get started, click on "Start the Process" above. You will be taken to our online inter... more
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| Can I use DivorceWriter in my state? |
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DivorceWriter provides divorce documents for almost every U.S. state and the District of C... more
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| What if I need additional documents that were not included in my DivorceWriter package? |
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Contact customer service at info@divorcewriter.com with the name or form number of the doc... more
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| What is the online interview? |
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In as little as 10-15 minutes, the online interview allows you to enter the information ne... more
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| Can you overnight my documents to me so that I can have them right away? |
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In all jurisdictions, DivorceWriter provides flexible document delivery options: Digital d... more
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| How do I change my password? |
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To change your password you must first log back into your account using the login section ... more
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| How do I make changes to my interview responses? |
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With a DivorceWriter purchase, you can make free unlimited revisions for two years. To ma... more
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| Are DivorceWriter documents legal? |
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DivorceWriter's goal is to provide self-help divorce documents. However, DivorceWriter is ... more
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| Does DivorceWriter provide documents for annulments? |
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No. DivorceWriter does not currently provide documents for annulments.
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| Can we get a divorce if one spouse is pregnant? |
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Yes. A divorce may proceed during a pregnancy. However, some states require the child to b... more
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| My documents were rejected. What do I do next? |
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If the court rejected your state-specific documents due to an issue with our forms, please... more
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| What is included? |
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The DivorceWriter package includes all forms needed to complete your divorce. These state... more
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| Do we need a quit claim deed to complete the transfer of jointly held real estate? |
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Generally, when spouses jointly own real estate, it will be necessary for the other spouse... more
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| How do I check the status of my divorce package? |
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To check on the status of your divorce package, follow these steps: Log in at https://www.... more
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| Are DivorceWriter documents available in any other languages? |
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DivorceWriter divorce packages, including the filing procedures and court forms, are curre... more
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| What if I can't afford the filing fee? |
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State-specific information on seeking a filing fee waiver is available. Generally, people... more
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| How do I email documents to myself? |
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To email documents to yourself, follow these steps: Log in at DivorceWriter Login if not a... more
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| How do we split a retirement plan? |
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To divide a retirement plan, make a separate entry on the property page of DivorceWriter's... more
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| Will my documents be completed or will I have to fill them out myself when I receive them? |
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For the most part, your DivorceWriter documents arrive completed with the information that... more
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| I encountered a security restriction error when trying to e-file a document notarized online. |
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Some customers receive the following error when attempting to e-file a document they had n... more
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| Will my divorce hearing be online? |
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In the states that require a hearing to finalize a divorce, most judges allow (and many re... more
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| Can I hand-write missing information on my documents or do they have to be typed? |
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As long as the form itself does not specifically state that it must be typed, you may hand... more
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| Can I file for divorce if there is an active protective order? |
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You have the right to file for divorce without an attorney even if one spouse has an order... more
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| Can I file for divorce by mail in or e-file my divorce papers if my courthouse is closed to the public? |
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Yes. While courthouses are limiting access to the public to slow the spread of COVID-19, c... more
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| How do I get a document notarized online? |
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To learn more about notarizing a document online, visit our online notarization guide.
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| Does it matter which spouse files for divorce? |
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Generally speaking, both spouses should have the same rights in a divorce proceeding regar... more
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| How do I serve divorce papers on an uncooperative spouse? |
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When your spouse signs a waiver or acceptance of service, formal service isn't necessary. ... more
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| 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? |
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Asking the Court for to divide property and debts fairly is standard language in the Divor... more
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| What is DivorceWriter's contact information? |
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Inquiries of a non-legal nature may be directed to: Email: info@divorcewriter.com Address... more
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| Can I use DivorceWriter if there is an active protective order? |
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You have the right to file for divorce without an attorney even if one spouse has an order... more
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| Do I have to go to court to finalize my divorce? |
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Whether you have to go to court depends on the state where you file. Approximately half of... more
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| Do we include step-children in our divorce? |
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No. Only include children to whom both spouses are the legal parent. If you're filing for... more
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| How do I request my documents be printed? |
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To order printing and shipping, follow these steps: Log in at divorcewriter.com/login if n... more
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| I didn't ask the judge to change my last name when I got divorced. Is it too late? |
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Generally, if you did not change your name when you got divorced, you can file a request w... more
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| 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? |
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Divorce documents are public record, so it is usually possible to obtain a copy of one or ... more
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| How do I open and download my documents? |
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If you're having trouble opening or downloading your divorce documents, the issue is often... more
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| Who is my retirement plan administrator? |
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The plan administrator is the person or company selected by your employer to manage the re... more
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| Can we get divorced while we still live together? |
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In most states, you can live together while going through a divorce. Find out about your s... more
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| How do I request a refund? |
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If your documents have not been sent to you via email or mail, you may request a full refu... more
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| I met with a lawyer and they said the court will reject my paperwork. What do I do? |
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Lawyers and online DIY divorce product providers compete for your business. You are a lawy... more
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| How do I make changes to my documents after I get them? |
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If you want to make changes to any of your documents after receiving them in the mail, you... more
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| Do we need to notify the court of any address changes during the divorce? |
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Any questions concerning the requirements for notifying the court about changes of address... more
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| Can I file for divorce during a bankruptcy or vice versa? |
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Thank you for your inquiry. A divorce combined with a bankruptcy can be complicated and de... more
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| Will this be all the paperwork I need? |
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Generally, yes. Your DivorceWriter package includes the state-specific divorce forms and f... more
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| Can I just notarize one copy of my document, and then make copies of the page with the original signature? |
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Yes. Since notaries charge a per document fee, you will save money by having one document ... more
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| Can I create another divorce in my account?
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Yes, you can purchase additional divorces from your Account Summary page. To create anoth... more
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| How do I serve a spouse that lives in a different state or country? |
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The process for serving a spouse that lives in another state or country depends on the sta... more
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| How do I get documents notarized during quarantine? |
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In many states, places that provided in-person notary services before the quarantine, like... more
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| Are the forms up-to-date? |
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The revision date shown in the footer of each form indicates the last time that particular... more
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| Does DivorceWriter provide notary services? |
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No. DivorceWriter does not provide notary services. To learn more about notarizing a docum... more
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| Can I file for divorce by mail? |
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Many courts allow divorce documents to be filed by mail. Generally, this is done by mailin... more
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| What's the difference between an Acknowledgement and a Jurat? |
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With an Acknowledgement, the notary is certifying that the signer appeared before the nota... more
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| Can I change my last name? |
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Either spouse can resume a former last name as part of a divorce. Top 5 Name Change Questi... more
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| Did you receive my order or payment? |
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If your divorce package purchase went through, your DivorceWriter account will reflect an ... more
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| Can I e-file my divorce papers? |
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Many courts allow divorce documents to be filed electronically, but e-filing availability ... more
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| I changed my mind after filing for divorce. How do I stop the divorce now? |
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If the divorce has not yet been granted, you can ask the court to dismiss your divorce cas... more
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| Who is the legal parent of the child? |
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Learn more about legal parentage issues.
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| We were married in a foreign country. Can we divorce in the U.S.?
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As long as you meet the residency requirements for filing for divorce in the state where y... more
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| 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? |
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The Divorce Petitions/Divorce Complaints in most states contain language asking the Court ... more
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| STATE PROCEDURES |
| How much is the filing fee in Alabama? |
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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.
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| Will either of us be required to attend a court hearing? |
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Yes. To obtain a divorce in Alabama, the spouse who files for divorce (the Plaintiff) must attend a brief divorce hearing.
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| Do any documents require notarization? |
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The filing instructions included with your DivorceWriter package will provide additional i... more
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| What are the signature requirements for the documents I will receive? |
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The state-specific filing procedures included in the DivorceWriter package indicate which ... more
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| What documents are included in the self-prepared Alabama DivorceWriter package? |
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
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| In which county do I file my divorce? |
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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
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| What if my spouse and I don't live in the same state? |
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As long as one spouse meets the residency requirements for the state where the divorce wil... more
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| Do we have to be live at different residences to get a divorce in Alabama? |
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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.
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| Can I change my name in Alabama divorce proceedings? |
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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
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| What are the grounds for filing for divorce in Alabama? |
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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).
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| What are the Alabama residency requirements for filing for divorce? |
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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
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| Do I have to divorce in the state where I was married? |
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No. You can divorce in any state where you or your spouse meet the divorce residency requi... more
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| Where do I file my divorce papers in Alabama? |
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Divorces are filed at the Circuit Court Clerk's office.
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| What is considered to be the date of separation in Alabama? |
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The term "separation date" refers to the date when the spouses stopped living together under the same roof.
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| Can the wife change her name back during the divorce? |
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Yes, the wife may restore her name to the name she had before the marriage took place. If ... more
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| Does my income fall below the U.S. Department of Health and Human Services Poverty Guidelines? |
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To qualify for a divorce filing fee waiver, some states require the person filing to have ... more
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| Can my spouse have documents notarized in a different state? |
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Yes. If your spouse is unable to have documents notarized by a Notary Public in the state... more
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| Where can I find state-by-state information on how long it takes to get a divorce? |
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Depending on the state where you live, it can take as little as two weeks and as much as s... more
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| What are the basic steps for getting a divorce in Alabama? |
- 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.
- 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.
- 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.
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| My documents ask for the "Cause Number" instead of a "Case Number." Is this correct? |
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Yes. In a number of U.S. states, the Courts use the term "Cause Number" instead of "Case ... more
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| How do I fix, or "amend" an error in a document I've already filed with the Court? |
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If there was an error on one or more of the documents that you have already filed with the... more
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| CUSTODY, VISITATION, SUPPORT |
| What is the difference between child support and spousal support? |
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Spousal support is paid to one spouse by the other for the support and care of the receivi... more
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| We have agreed that one spouse will pay spousal support to the other. What are some options? |
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Two common ways for one spouse to receive spousal support payments from the other are (1) ... more
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| 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? |
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.
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| What are the different types of custody in Alabama? |
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.
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| How is child support calculated in Alabama? |
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.
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| Can we specify how we will claim our child(ren) for income tax purposes? |
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The DivorceWriter online interview allows you to designate which spouse will claim your mi... more
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| We have received our documents, but have decided that we do not want any parenting time schedule. Is this possible? |
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The DivorceWriter online interview, which you completed previously, was designed to accomm... more
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| We have children. Can I still use DivorceWriter? |
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Yes, you can use DivorceWriter to create your divorce forms even if you have children. Th... more
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| Do I have to pay income tax on spousal support payments that I receive? |
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For federal income tax purposes, spousal support is commonly considered taxable income for... more
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| We already have a child support order issued by a judge. Will we be able to keep the same amount? |
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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.
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| What if neither spouse has custody of the child(ren)? |
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For mandatory sections like custody and parenting time, selections must be made to complet... more
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| Can we use DivorceWriter if one spouse is pregnant? |
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You can use DivorceWriter when a spouse is pregnant, although the forms will need to be se... more
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| Do I include minor children if we don't have contact? |
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Yes. If both spouses are the parents to the minor child, they are included in the divorce.... more
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| 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? |
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If you want to have the court issue an order as part of the divorce concerning child suppo... more
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| What if I'm unemployed? |
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If you are unemployed, any unemployment compensation you receive is considered income. If... more
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| What is the home state of the children under UCCJEA? |
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While you are entitled to file for divorce in any state where the residency requirements a... more
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| PROPERTY AND DEBTS |
| Do we have to list the debts we have agreed to divide? |
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About 30% of DivorceWriter customers list debts. The debts listed will appear on the sett... more
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| We want to transfer real estate into only one spouse's name. Do we need a Quit Claim Deed? |
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Generally, if you want to transfer jointly held real estate into the name of only one spou... more
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| Can we divide/list as many items of personal property as we want? |
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Choose to list all, some, or no property. The customer decides which property, if any, to ... more
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| Do I need to list the legal description of my real estate? |
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It is generally sufficient to just list the physical address of the property (street, city... more
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| What is the "legal description" of a piece of real estate? |
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The legal description is usually a one to two paragraph description of land that includes ... more
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| Why do my DivorceWriter documents say that we do not have life insurance or other property that we actually do have? |
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Some states require divorcing spouses to provide information on several different types of... more
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| When can I record the quit claim deed my spouse signed? |
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One spouse may choose to sign a quit claim deed transferring his or her interest in the ma... more
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| SPECIAL CIRCUMSTANCES |
| I want to get married to someone else as soon as my divorce is finalized. Can I do this in Alabama? |
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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.
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| 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? |
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Unsigned divorce documents do not have an expiration date per se. Applicable time periods... more
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| I can't find my spouse. Can I still use DivorceWriter? |
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DivorceWriter is designed for couples who have reached an agreement on all issues and who ... more
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| I am not sure my marriage was legal. Do I even need a divorce? |
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DivorceWriter is for people who want to end their marriages. If you have any questions reg... more
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| What if I have an out of state driver's license or no license at all? |
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If the spouse who files for divorce does not have a valid in-state driver's license, it ma... more
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| My spouse is incarcerated. Can I use DivorceWriter? |
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Yes, as long as your spouse is capable of receiving documents and signing them in front of... more
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| How do we get documents notarized in a foreign country? |
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The meaning of the term "notary" varies widely from country to country. To find a Notary ... more
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| My spouse is currently incarcerated. What address do I use? |
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You may use the address at the facility where your spouse is currently incarcerated. Divo... more
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| Where can an active-duty servicemember file for divorce? |
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A divorce can be filed in the state where either spouse meets the state residency requirem... more
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| Can I use divorce forms even though they contain gender-specific terms? |
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One thing that has lagged behind following the legalization of same-sex marriage nationwid... more
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| How do I end a civil union or domestic partnership? |
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When recognized in the state, civil unions and/or domestic partnerships can be entered int... more
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| Which states allow same-sex divorce? |
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On June 26, 2015, the U.S. Supreme Court issued a ruling legalizing same-sex marriage nati... more
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