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FAQs

HOW DOES ALDIVORCE WORK?

Divorce is never easy, but it can be quick and affordable if you and your spouse can agree on ALL issues relating to your divorce. With your uncontested ALdivorce package, you can legally end your marriage without incurring significant legal fees.  After completing our user-friendly interview, you’ll receive ready-to-file, attorney authored and reviewed, Alabama divorce documents. Each ALdivorce package is customized to your unique individual case, including: your county, your children, your income, your assets and debts. From the Petition to the Decree, everything you’ll need to finalize your uncontested divorce is included. It’s that simple.  Click here for a step-by-step look at how it works.

WHAT ARE THE REQUIREMENTS TO USE ALDIVORCE?

You can use ALdivorce to assist you with your uncontested divorce, so long as you and your spouse meet ALL of the following requirements:

  1. Both you and your spouse must be at least 19 years of age
  2. Either one, or both, of you must have been a resident of the State of Alabama for six consecutive months prior to your filing for divorce
  3. Either one, or both, of you must currently reside in county you are filing in OR if neither of you currently resides in that county, you and your spouse must have lived in that county at the time of your separation
  4. You and your spouse must agree on ALL divorce-related issues
  5. You and your spouse must agree to a “no fault” divorce

IF YOU DO NOT MEET ALL REQUIREMENTS, YOU CANNOT USE ALDIVORCE, AND IT IS RECOMMENDED THAT YOU SEEK LEGAL ADVICE OR CONSULT WITH AN ATTORNEY

WHAT DOCUMENTS ARE INCLUDED IN THE ALDIVORCE PACKAGE?

ALdivorce package will include:

1. Divorce Complaint
2. Answer, Waiver and Agreement for Taking Testimony
3. Plaintiff’s Testimony
4. Vital Statistics Form
5. Settlement Agreement
6. Divorce Decree
7. Affidavit of Residency

If you are filing for an Uncontested Divorce WITH CHILDREN, your package will also include the following documents:

  1. Custody Affidavit
  2. Income Withholding Order for Support
  3. Child Support Information Sheet
  4. Child Support Obligation Income Statement/Affidavit (one from each parent)
  5. Child Support Guideline Form
  6. Child Support Guideline Notice of Compliance
  7. Notice to Defendant
  8. Answer to Order of Withholding

Additional:

*Completion of a Parenting Class may be required by both parties in some, but not all, counties
**The ALdivorce fee does not include the filing fee charged by the Court Clerk in your county.

HOW MUCH DOES ALDIVORCE COST?

At the time you purchase your ALdivorce package, a one-time fee for the cost of the service will be charged to your credit card. There are no additional fees for using ALdivorce. There are no membership fees and no hidden costs. View our pricing for a more in-depth look at your potential cost savings by clicking here.

(Note: The ALdivorce fee does not include the filing fee charged by the Court Clerk in your county.)

IS ALDIVORCE COMPLIANT IN MY COUNTY?

Yes, ALdivorce is compliant with in ALL Alabama Counties, including:

Jefferson County, Mobile County, Madison County, Montgomery County, Shelby County, Tuscaloosa County, Baldwin County, Lee County, Morgan County, Calhoun County, Etowah County, Houston County, Marshall County, Lauderdale County, St Clair County, Limestone County, Talladega County, Cullman County, Elmore County, DeKalb County, Walker County, Blount County, Colbert County, Jackson County, Russell County, Dale County, Coffee County, Dallas County, Chilton County, Tallapoosa County, Escambia County, Covington County, Lawrence County, Chambers County, Pike County, Franklin County, Marion County, Barbour County, Geneva County, Cherokee County, Clarke County, Winston County, Monroe County, Bibb County, Randolph County, Macon County, Marengo County, Butler County, Pickens County, Washington County, Henry County, Fayette County, Hale County, Cleburne County, Lamar County, Clay County, Crenshaw County, Choctaw County, Sumter County, Conecuh County, Wilcox County, Coosa County, Lowndes County, Bullock County, Perry County, and Greene County.

CAN I USE ALDIVORCE IN THE STATE I LIVE IN, IF I DO NOT LIVE IN ALABAMA?

You can use ALdivorce to file for your divorce if, and only if, you are filing your divorce in the State of Alabama.

WHAT IS AN UNCONTESTED DIVORCE?

An uncontested divorce is obtained when a Husband and Wife can agree on ALL divorce related issues. Typically, an uncontested divorce is filed on “no fault” grounds which do not require a showing of wrongdoing by either party. Simply stated it means that you and your spouse agree that you are incompatible and can no longer live together as Husband and Wife.

Also, there must be NO DISAGREEMENTS between you and your spouse regarding any divorce-related issues, such as: division of assets and debts, custody and support of any minor children, spousal support (if any), etc.

WILL MY DOCUMENTS BE COMPLETED OR WILL I HAVE TO FILL THEM OUT MYSELF WHEN I RECEIVE THEM?

The documents will be completed with the information you provide during your online interview. Once our attorneys have reviewed your documents, you will have access to your completed ALdivorce package online. All you have to do is print the forms right from your own printer, sign and have them notarized as needed.

WILL MY DOCUMENTS BE REVIEWED BY A LAWYER?

Yes. All you have to do is complete the online interview and we’ll take it from there. An attorney will prepare each document you’ll need to file for your divorce, review each document to ensure its accuracy, and provide you with a complete uncontested divorce package, ready for signatures, accompanied by detailed filing instructions.

WHAT IF I HAVE LEGAL QUESTIONS BEFORE OR DURING THE PROCESS?

ALdivorce employees cannot answer any legal questions or provide you with legal advice. Generally speaking, this means that we cannot advise you on what you should do in your specific situation; however, if you find that you require specific legal advice, we will be happy to place you in contact with a local attorney to address the specific needs of your case. To better assist you, we provide step-by-step instructions and legal explanations when answering your interview questions. For your convenience we have also provided helpful local and state law resource links on our Home Page. You can access them by clicking here.

DOES MY SPOUSE HAVE TO BE WITH ME WHEN I’M USING THE ALDIVORCE SITE?

No. ALdivorce can be used by either one or both spouses. It is not necessary that both spouses are present when completing the online interview; however, if ALdivorce is used by only one spouse, then you will want to make sure that you both agree on ALL divorce-related issues. The spouse using ALdivorce will need to provide all divorce-related documents to the other spouse for their review and signature. Your unique login will provide you with 24/7 private access to your interview so if  you change your mind, make a mistake or have changes to make, you can return to your interview at any time to make changes, PRIOR TO SUBMITTING YOUR ANSWERS AT THE END OF THE INTERVIEW PROCESS.

WHAT ARE THE RESIDENCY REQUIREMENTS FOR FILING FOR DIVORCE IN THE STATE OF ALABAMA?

Either one, or both, of you must have been a resident of the State of Alabama for six consecutive months prior to your filing for divorce.

WHAT ARE THE GROUNDS FOR FILING FOR DIVORCE IN THE STATE OF ALABAMA?

There are many grounds for divorce per Alabama Statute; however, typically uncontested divorces in Alabama are filed asserting “no fault” grounds such as: (1) when there has been an irretrievable breakdown of the marriage OR (2) when there is a complete incompatibility of temperament such that the spouses can no longer live together as Husband and Wife.

WHO IS CONISDERED THE PLAINTIFF IN A DIVORCE?

The filing spouse is called the Plaintiff (or Petitioner); the responding spouse is called the Defendant. For example: If you are filling out the papers and filing for divorce, you are considered the Plaintiff in the matter. Your spouse would be the Defendant.

DOES IT MATTER WHERE WE WERE MARRIED?

No. It doesn’t matter where you were married.

IN WHICH COUNTY DO I FILE MY DIVORCE?

The divorce action may be filed:

  1. In the county where the Defendant resides OR
  2. In the county where the spouses resided at the time they separated OR
  3. In the county where the Plaintiff resides if the Defendant is a nonresident of Alabama.

Available Counties:

Autauga County
Baldwin County
Barbour County
Bibb County
Blount County
Bullock County
Butler County
Calhoun County
Chambers County
Cherokee County
Chilton County
Choctaw County
Clarke County
Clay County
Cleburne County
Coffee County
Colbert County
Conecuh County
Coosa County
Covington County
Crenshaw County
Cullman County
Dale County
Dallas County
DeKalb County
Elmore County
Escambia County
Etowah County
Fayette County
Franklin County
Geneva County
Greene County
Hale County
Henry County
Houston County
Jackson County
Jefferson County
Lamar County
Lauderdale County
Lawrence County
Lee County
Limestone County
Lowndes County
Macon County
Madison County
Marengo County
Marion County
Marshall County
Mobile County
Monroe County
Montgomery County
Morgan County
Perry County
Pickens County
Pike County
Randolph County
Russell County
St. Clair County
Shelby County
Sumter County
Talladega County
Tallapoosa County
Tuscaloosa County
Walker County
Washington County
Wilcox County
Winston County

WHAT IF ONE OF US DOES NOT LIVE IN THE STATE OF ALABAMA?

You can use ALdivorce to assist you with your uncontested divorce, so long as one party lives in Alabama and has done so for more than six consecutive months prior to filing for your divorce.

IF YOU DO NOT MEET ALL REQUIREMENTS, YOU CANNOT USE ALDIVORCE.COM, AND IT IS RECOMMENDED THAT YOU SEEK LEGAL ADVICE OR CONSULT WITH AN ATTORNEY.

I WANT TO USE ALDIVORCE TO PREPARE MY OWN DIVORCE DOCUMENTS. WHAT DO I DO NEXT?

It’s simple to get started! Once you have purchased your ALdivorce package and we have verified that no conflict of interest is present, you will be taken to our online interview where, in as little as 30 minutes, you can enter the information needed to complete your divorce documents. You will be asked to confirm your completion at the end of the interview process. Your answers will be transferred through our secure, automated system to an attorney who will prepare and review each document to ensure its accuracy.  You will then have access to your complete ALdivorce package online. You can print the documents right from your own printer, sign and have them notarized as needed. When you’re ready to file the documents with the Court, you will use the simple filing instructions which will accompany your completed ALdivorce package. Click here to start the process.

WHAT IS THE ONLINE INTERVIEW?

In as little as 30 minutes, you can enter the information necessary to complete your divorce documents. We will provide you with a complete list of documents you may need to assist you in answering your interview questions. If you wish, you can review our step-by-step instructions and legal explanations when answering questions. Once you submit your interview, an attorney will prepare and review each of your divorce documents by using the answers you provide. Best of all, you don’t have to feel rushed!  Your unique login will provide you with 24/7 private access to your interview so that you can finish at your convenience. If you change your mind, make a mistake or have changes to make, you can return to your interview at any time to make changes, PRIOR TO SUBMITTING YOUR ANSWERS AT THE END OF THE INTERVIEW PROCESS.

CAN I CHANGE MY ANSWERS LATER?

Your unique login will provide you with 24/7 private access to your interview so that you can finish at your convenience. If you change your mind, make a mistake or have changes to make, you can return to your interview at any time to make changes, PRIOR TO SUBMITTING YOUR ANSWERS AT THE END OF THE INTERVIEW PROCESS.

I FINISHED THE ONLINE INTERVIEW. HOW LONG WILL IT TAKE TO RECEIVE MY DOCUMENTS?

Once an attorney has reviewed your documents, you will have access to your complete ALdivorce package online. This typically takes 2-3 business days. You can then print the forms right from your own printer, sign and have them notarized as needed. When you’re ready to file the documents with the Court, you will use the simple filing instructions which will accompany your completed ALdivorce package.

CAN YOU OVERNIGHT MY DOCUMENTS TO ME SO THAT I CAN HAVE THEM RIGHT AWAY?

Overnighting documents isn’t necessary. Once an attorney has reviewed your documents, you will have immediate access to your complete ALdivorce package online. You can print the forms right from your own printer, sign and have them notarized as needed.

WHAT HAPPENS AFTER I RECEIVE MY ALDIVORCE DOCUMENTS?

You can print the forms right from your own printer, sign and have them notarized as needed. When you’re ready to file the documents with the Court, you will use the simple filing instructions which will accompany your completed ALdivorce package.

Please keep in mind, if there are minor children involved the COURT MAY REQUIRE both parents to attend and complete a parenting program before issuing a final order of divorce in your case. THIS MAY BE MANDATORY DEPENDING ON THE COUNTY OF RESIDENCE.

HOW DO I MAKE CHANGES TO MY DOCUMENTS AFTER I RECEIVE THEM?

WHAT ARE THE SIGNATURE REQUIREMENTS FOR THE DOCUMENTS I WILL RECEIVE?

The detailed filing instructions included in the ALdivorce package indicate which documents need to be signed and which documents require signature in front of a notary public. Some documents will require the signatures of both spouses. When notarization is required, a separate notary block is provided for each spouse, so that it is not necessary for notarization to occur at the same time or place. If a document must be notarized, please note that you or your spouse SHOULD NOT sign that document until you are in front of a notary public.

DOES MY SPOUSE NEED TO SIGN THE DOCUMENTS?

Yes. ALdivorce provides documents for uncontested divorces in the State of Alabama; therefore, it is important that you and your spouse agree on ALL divorce-related issues. Both you and your spouse will be required to sign documents. Some documents will require notarization by one or both spouses.

DO ANY DOCUMENTS REQUIRE NOTARIZATION?

Yes. The detailed filing instructions included with your ALdivorce package will provide additional information as to which documents will require notarization.

CAN MY SPOUSE HAVE DOCUMENTS NOTARIZED IN A DIFFERENT STATE?

Yes. If your spouse is unable to have documents notarized by a Notary Public in the State of Alabama, he or she may have them notarized by a Notary Public in any other US state.

WILL EITHER OF US BE REQUIRED TO ATTEND A COURT HEARING?

Yes. To obtain a divorce in Alabama, the spouse who files for divorce (the Plaintiff) must attend a brief divorce hearing.

Since your divorce is uncontested and a Settlement Agreement is provided to be filed with your ALdivorce.com package, the spouses may not need to go to court. In that case, all documents can be filed at the proper Circuit Court Clerk’s office, and the judgment can be sent directly to you. However, the Court may request a formal or informal hearing. At an informal hearing, the judge may ask questions about certain facts presented in the papers. At a formal hearing, the divorce case must be presented from the beginning.

Please keep in mind, if there are minor children involved the COURT MAY REQUIRE both parents to attend and complete the ‘Children Coping With Divorce’ program before issuing a final order of divorce in your case. THIS MAY BE MANDATORY DEPENDING ON THE COUNTY OF RESIDENCE.

WHERE DO I FILE MY DIVORCE PAPERS IN ALABAMA?

You will file your divorce documents at the Circuit Court Clerk’s office in the county in which you are filing.

HOW MUCH IS THE FILING FEE IN ALABAMA?

The filing fee charged by the Court IS NOT included in the ALdivorce package price. The fee for filing in the State of Alabama varies by county, but is typically between $150.00 and $350.00.

I’M NOT SURE I WANT TO FILE FOR DIVORCE RIGHT AWAY. HOW LONG ARE THESE DOCUMENTS GOOD FOR?

Unsigned divorce documents do not have an expiration date per se. Applicable time periods begin to run on signed documents once the divorce is filed.

However, it is possible that changes in the law could occur at some point that might affect one or more documents or divorce filing procedures. If you decide to wait to file your documents for a significant period of time and are concerned that you may no longer have the most recent version we offer, ALdivorce will provide you with another set at no additional charge.

AM I DIVORCED ONCE I FILE MY ALDIVORCE PACKAGE?

No. In the State of Alabama there is a 30-day waiting period; therefore, after 30 days from the date of the filing of your uncontested divorce documents with your county’s Circuit Clerk’s office, the Judge can sign the Divorce Decree. In some counties, Judge’s issue interlocutory orders and those orders will specify the date the divorce becomes effective.

WHAT IF I CANNOT LOCATE MY SPOUSE?

ALdivorce is designed for couples who have reached an agreement on ALL divorce-related issues and who are both willing and able to sign divorce papers. You cannot use ALdivorce if you are unable to locate your spouse. If you cannot locate your spouse and wish to file for divorce, you should contact an attorney to address the specific needs of your case.

MY SPOUSE IS CURRENTLY INCARCERATED. CAN I STILL USE ALDIVORCE?

ALdivorce documents must be signed by both spouses, so as long as your spouse is capable of receiving the documents and signing them in front of a notary public, if required, you can use ALdivorce.

WHAT IS A SETTLEMENT AGREEMENT?

A settlement agreement spells out the terms of your divorce and the relationship between you and your spouse after your divorce is final. Settlement agreements usually cover property division, child custody and visitation, child support, debt division, spousal support and any other relevant divorce-related issues.

CAN I CHANGE MY NAME IN ALABAMA DIVORCE PROCEEDINGS?

Upon request, the Wife may resume the use of her maiden name or any previous surname. This question will be asked during the online interview.

WHAT IS THE DATE OF SEPARATION?

Here the term “separation date” refers to the date when you and your spouse decided to end your marriage with no intentions to reconcile. This date is often a matter of interpretation. It is sometimes the date that the spouses stopped living together under the same roof, although in Alabama, 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 USE ALDIVORCE IF WE HAVE CHILDREN?

Yes. ALdivorce provides the documents necessary to address all child-related issues, including:  custody, visitation and support.  You will answer a series of detailed questions in your online interview in regards to your minor child(ren).

WHAT IF WE HAVE CHILDREN AND MY SPOUSE AND I LIVE IN DIFFERENT STATES?

You can use ALdivorce if you have minor children and you and your spouse live in different states. Typically, you will file in the state where the minor child(ren) reside.

HOW IS CHILD SUPPORT CALCULATED IN THE STATE OF ALABAMA?

Child support calculations are derived from the Rule 32 Child Support Guidelines. Based on the information provided in your interview, a computer generated Child Support Worksheet is created and sent to you as part of your ALdivorce package.  As you answer questions relating to the custody and support of your minor child(ren), you will be provided with these figures inside your interview screen. More information on child support in the State of Alabama is available by clicking here.

Note: Alabama state law requires child support to be ordered until a child’s 19th birthday or until the child becomes self-supporting, whichever occurs first. If a child is disabled, child support can be extended past the age of 19.

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?

Reasons for deviating from the guidelines may include, but are not limited to, the following:

(a) 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;

(b) Extraordinary costs of transportation for purposes of visitation borne substantially by one parent;

(c) Expenses of college education incurred prior to a child’s reaching the age of majority;

(d) Assets of, or unearned income received by or on behalf of, a child or children; and

(e) 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, in its sole discretion, may deviate from the guidelines for reasons other than those listed above.

WHAT ARE THE DIFFERENT TYPES OF CUSTODY IN ALABAMA?

The term “legal custody” refers to the responsibility and authority to make major decisions about the child’s life including, but not limited to, education, health care and religion.  There are two types of legal custody:

Sole legal custody:  When one parent has these rights

Joint legal custody:  When both parents have equal rights and responsibilities for these major decisions concerning the child

The term “physical custody” refers to the physical responsibility and control of the child. Normally the parent who has physical custody is the parent with whom the child lives most of the time.

Sole physical custody:  When one parent has “sole physical custody,” the child primarily resides with that parent and the other parent usually gets visitation with the child.  The parent who has sole physical custody typically receives child support from the other parent.

Joint physical custody:  When physical custody is shared by the parents in such a way that the child has frequent and substantial contact with each parent.  Joint physical custody does not necessarily mean the child spends equal amounts of time with each parent.

WHAT IF THERE IS ALREADY A CUSTODY ORDER IN EFFECT REGARDING OUR MINOR CHILD(REN)?

Since you would be required to file an affidavit with the Court stating that there is no other court order regarding your minor children, you would not be able to use this service.

If you have any questions regarding any existing custody orders, you should contact an attorney.

CAN WE SPECIFY HOW WE WILL CLAIM OUR CHILD(REN) FOR INCOME TAX PURPOSES?

You will be asked in your interview to designate which spouse will claim your minor children as dependents for purposes of federal and state income tax.

CAN I USE ALDIVORCE IF WE HAVE PROPERTIES AND/OR DEBTS?

Yes. ALdivorce provides the documents necessary to divide any properties and/or debts. You will answer a series of detailed questions in your online interview regarding your and your spouse’s properties and debts.

DO WE HAVE TO LIST THE DEBTS WE HAVE AGREED TO DIVIDE?

Any debts you list in your online interview will appear on the settlement agreement that is included with your ALdivorce package. If no debts are listed, the settlement agreement will indicate that there are no debts to be divided. You decide which debts, if any, to list, although Courts commonly expect debts related to real estate, vehicles, property with titles, and/or other valuable property to be listed as well as joint debts. It is always best to be as specific in your settlement agreement regarding who is responsible to pay what debt. The only way you can enforce your spouse’s obligation to pay a joint debt, as agreed, is if it is specifically stated in the settlement agreement. It’s best to not leave anything to question.

WHAT IS THE DIFFERENCE BETWEEN REAL AND PERSONAL PROPERTY?

Real property or real estate is considered to be any land that has been legally defined. This could include, but is not limited to land, homes, or buildings. Personal property includes items that have significant value or importance to the owner. Items may include, but are not limited to things such as: vehicles, bank accounts, retirement accounts, property with titles, and/or other valuable property (i.e. furniture, jewelry, art, collections of items, family photo albums, clothing, etc.)

CAN WE DIVIDE/LIST AS MANY ITEMS OF PERSONAL PROPERTY AS WE WANT?

You can choose to list all, some, or no personal property. You decide which property, if any, to list, although some Courts require that at least vehicles (including VINs), retirement accounts, property with titles, and/or other valuable property be listed. Spouses who have agreed to split one or more pieces of personal property can make a new entry for each item to be divided, and then indicate the exact percentage that each spouse will receive. It is always best to be as specific in your settlement agreement regarding who is to receive what properties. It’s best to not leave anything to question.

DO I NEED TO LIST THE LEGAL DESCRIPTION OF MY REAL ESTATE?

It is generally sufficient to just list the physical address of the property (street, city, state, zip), but some Courts also require legal description, which can be found on the deed and/or mortgage documents. If you are not sure, you may wish to provide the legal description as well.

WHAT IS THE "LEGAL DESCRIPTION" OF A PIECE OF REAL ESTATE?

The legal description is usually a one to two paragraph description of land that includes metes and bounds, lot number and/or block number in order to describe the exact legal boundaries of a piece of real estate. The legal description is not the same as the physical address of the property.

The legal description can be found on the deed to the property. The County Clerk or recorder in the county where the property is located will be able to provide a copy of the legal description if you do not have a copy of the deed. In addition, often the property tax statement will list the legal description although you should note that the legal description is not the same as the tax or parcel ID number.

WHAT IS THE DIFFERENCE BETWEEN CHILD SUPPORT AND SPOUSAL SUPPORT?

Spousal support is paid to one spouse by the other for the support and care of the receiving spouse. Child support, on the other hand, is paid to one parent by the other for the support and care of any dependent children.

DO I HAVE TO PAY SPOUSAL SUPPORT IN A DIVORCE?

Spousal support aka Alimony is not mandatory in the State of Alabama, but it can be ordered by a judge under certain circumstances.   If a spouse will face hardships without financial support, spousal support can be considered. The deciding factor for spousal support is the need to maintain the spouse at his or her customary standard of living. However, other factors also need to be considered.  For example, spousal support should most likely not be considered if:

  1. The marriage was for a short duration (less than two or three years), and
  2. Both spouses are employed and self-sufficient
  3. This does not mean the parties cannot agree on spousal support

There is no dollar amount used to calculate spousal support. The amount can be decided by both parties.

WE HAVE AGREED THAT ONE SPOUSE WILL PAY SPOUSAL SUPPORT TO THE OTHER. WHAT ARE SOME OF OUR OPTIONS?

There are two common ways for one spouse to receive spousal support payments from the other:

  1. Monthly payments for a set duration of time
  2. A one-time lump sum payment

DO I HAVE TO PAY INCOME TAX ON SPOUSAL SUPPORT PAYMENTS THAT I RECEIVE?

For federal income tax purposes, spousal support is commonly considered taxable income for the receiving spouse and is also tax-deductible for the spouse that pays it.

If you have any questions regarding the tax consequences of spousal support, you should contact an attorney.  For more information, you can also visit www.irs.com.

CAN I RECEIVE A PORTION OF MY SPOUSE’S RETIREMENT PLAN EVEN THOUGH HIS/HER RETIREMENT IS SEVERAL YEARS AWAY?

It is within the discretion of the Court to include in the estate of either spouse the value of any retirement benefits that a spouse may have an interest in. However, the Court may do so ONLY if certain conditions are met. These conditions include:

  1. You and your spouse must have been married for 10 years or longer
  2. You cannot include the value of any retirement benefits acquired prior to the marriage
  3. You can only receive 50% or less of the retirement benefits and
  4. The covered spouse must be either receiving the benefits or have a vested interest in the benefits at the time the divorce is filed

It is only when these four conditions are met that the Court can entertain awarding retirement benefits to either spouse.

IF WE AGREE TO DIVIDE A RETIREMENT PLAN BUT RETIREMENT IS STILL SEVERAL YEARS AWAY, WHAT DO WE DO?

The most common way for one spouse to secure the right to a portion of the other spouse’s retirement plan upon his/her retirement is through a Qualified Domestic Relations Order, or QDRO.

To obtain a QDRO, contact your spouse’s human resources or personnel office who will be able to put you in contact with the retirement plan administrator. Sometimes, the plan administrator may provide you with a standard QDRO to complete and file with the Court.

ALdivorce cannot provide you with a QDRO.  It is best to seek the advice of an attorney when drafting a QDRO.

I WANT TO GET MARRIED TO SOMEONE ELSE AS SOON AS MY DIVORCE IS FINALIZED. CAN I DO THIS IN ALABAMA?

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.

I AM NOT SURE MY MARRIAGE WAS LEGAL. DO I EVEN NEED A DIVORCE?

If you have any questions regarding the validity of your marriage, you should contact an attorney to address the specific needs of your case.

DOES ALDIVORCE PROVIDE DOCUMENTS FOR ANNULMENTS?

No. ALdivorce does not currently provide documents for annulments.  If you find that you require legal advice, you should contact an attorney to address the specific needs of your case.

DO WE NEED TO NOTIFY THE COURT OF ANY ADDRESS CHANGES DURING THE DIVORCE?

Any questions concerning the requirements for notifying the court about changes of address during the divorce process are best directed to the office where the divorce was filed as they will likely want to make note of the new address for their records.

WHAT IF I HAVE AN OUT OF STATE DRIVER’S LICENSE OR NO LICENSE AT ALL?

If the spouse who files for divorce does not have a valid in-state driver’s license, it may pose a problem if the Clerk requires one in order to prove that at least one spouse meets the residency requirements for filing for divorce. However, most Court Clerks do not require any form of identification when you file for divorce. If you have any additional questions concerning the identification requirements when filing for divorce, contact the Court Clerk.

Note: A Notary Public will almost always require some form of picture identification in order to notarize a signature.  

WHAT HAPPENS IF WE RECONCILE?

You and your spouse can dismiss the divorce after the papers have been filed. You must request a dismissal form from the county clerk, in the county in which you filed, any time before a judgment has been entered. Both spouses will be required to sign the dismissal form.

WHAT SOFTWARE PROGRAMS WILL I NEED TO USE ALDIVORCE.COM?

In order to view and print your divorce documents, you will need Adobe Acrobat which creates PDF files. If you do not have this software, you can download it for free by clicking here.

IS TECHNICAL SUPPORT AVAILABLE?

Yes. If you encounter a problem while using our services, we are always here to help you answer questions relating to our processes and software. For customer support, click here.  For your convenience we have also provided helpful local and state law resource links on our Home Page. You can access them by clicking here.

HOW LONG WILL I HAVE ACCESS TO MY ACCOUNT?

You will be able to access your account for as long as you need. Your unique login will provide you with 24/7 private access to your interview so that you can finish at your convenience. If you change your mind, make a mistake or have changes to make, you can return to your interview at any time to make changes, PRIOR TO SUBMITTING YOUR ANSWERS AT THE END OF THE INTERVIEW PROCESS. There is no expiration or time restriction.

CAN I CREATE ANOTHER DIVORCE IN MY ACCOUNT?

Yes, you can purchase additional uncontested divorce packages from ALdivorce, but please note that each ALdivorce purchase is for one marriage only. You will not be able to reuse a purchased divorce package to complete forms for another unrelated marriage.

HOW DO I CHANGE MY PASSWORD?

You can change your password from inside your HotDocs account using the link provided to you in the email.

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