Uncontested Divorce Checklist in Alabama

What makes an Alabama divorce uncontested

Both spouses have to agree on the divorce itself. They also have to agree on every term: property, debt, and, if there are children, custody and support. The responding spouse then signs an Acceptance of Service, Answer, and Waiver of Defendant. That single notarized form lets the case move forward without a sheriff. Alabama's uncontested filings almost always rely on one of two no-fault grounds under Ala. Code section 30-2-1. Those are complete incompatibility of temperament, or irretrievable breakdown of the marriage. Alabama also keeps a long list of fault grounds on the books. These include adultery and habitual drug addiction. Couples who agree on everything rarely need them.

The uncontested-divorce packet

For the narrowest case, no children and nothing left to divide, the Administrative Office of Courts publishes two numbered statewide forms. PS-08 is the Complaint for Divorce. PS-09 is the Plaintiff's Testimony.

Cases with children or property use an expanded packet. It adds a custody, support, and visitation agreement, plus the CS-41, CS-42, and CS-43 child support forms. Alabama does not publish one single uniform packet for every county. Each circuit clerk assembles and posts its own version. It is built around the statewide PS-series forms plus locally drafted pleadings. Pull the exact packet from the filing county's clerk site, or from the statewide eforms.alacourt.gov portal, before starting.

Document checklist

A complete uncontested filing generally includes the Complaint for Divorce, PS-08 or the county's equivalent, plus the Plaintiff's Testimony, PS-09. It also needs an Affidavit of Residence and the signed Acceptance of Service, Answer, and Waiver of Defendant. Add a written Agreement of the Parties resolving property and debt. Two more pieces close out the packet: a Certificate Regarding Document Preparation and a Certificate of Divorce.

Couples with minor children add a custody, support, and visitation agreement. They also file the CS-41, CS-42, and CS-43 support worksheets. A spouse who cannot afford the filing fee can file Form C-10 instead. That is the Affidavit of Substantial Hardship and Order. It asks the circuit clerk to waive fees up front and tax them as costs later.

Waiting period and whether a hearing is required

Alabama law sets a mandatory 30-day waiting period under Ala. Code section 30-2-8.1. A circuit court cannot enter final judgment until 30 days pass from the date the complaint was filed. This applies even when both spouses agree on everything. The court can still enter temporary orders during that window.

Whether the case also needs a final hearing varies by county. Confirm this with the filing circuit clerk. Do not assume the case will be finalized on paperwork alone. There is no single statewide parenting-class mandate for cases with children. Some circuits order one locally. Montgomery County, for example, requires its Families in Transition program before finalizing a divorce with minor children, unless the court waives it.