![Alabama Marital Settlement (Divorce) Agreement Form [PDF]](/_next/image?url=%2Fimages%2Fdocuments%2Fplaceholder-general.png&w=3840&q=75)
The Alabama marital settlement (divorce) agreement form is a legal document that married couples use to protect their legal rights and define obligations after the divorce process.
This document should address all matters that are important for couples who are about to start living separately. For example, division of marital property, alimony or spousal support and child custody.
There are two types of divorce, contested and uncontested. A contested divorce occurs when spouses cannot reach an agreement on all issues important to the process and the court needs to make a decision for them. Uncontested is when spouses agree on all matters.
Divorce Forms
Divorce forms are usually filed with the Circuit Court in the county where both spouses reside. Filing fees While fees differ by county, they often range between $150 and $250. And it takes about 6 to 10 weeks to finalize the divorce.
Divorce Laws and Legal Requirements in Alabama
Divorce Laws and Legal Requirements
Alimony: Section 30-2-57 of the Code of Alabama states how alimony is determined, considering the financial situation and needs of both spouses. Some of the factors are the length of marriage, the age and health of the spouses, and living standards.
Child support: According to Section 30-3-1 of the Code of Alabama, the court will consider various factors to decide on the best custody arrangements for children during and after divorce. Spouses should make a parenting plan, so both of them will stay involved in their children’s lives.
Division of property: Section 30-2-51 states that all assets acquired during marriage are divided fairly. The judge cannot consider assets acquired before marriage, gained through inheritance, or as a gift. Retirement benefits will be divided fairly, and any claims to exclude them from division must have a good reason and be supported by proof.
Grounds for divorce: Section 30-2-1 of the Code of Alabama provides a list of reasons that the court finds acceptable for starting the divorce process. Some of the reasons are adultery, imprisonment, alcohol and drug addiction, or separation for a certain period of time.
Interim support: Section 30-2-56 of the Code of Alabama allows the court to order one spouse to provide financial support to the other spouse if needed during the divorce process. This support is temporary and ends when the divorce is finalized.
Residency: According to Section 30-2-5 of the Code of Alabama, the spouse filing for divorce must be resident of the state for 6 months before filing, if the other spouse does not live in Alabama. However, if they both live in the same state, divorce can be filed at any time.
The divorce laws and legal requirements in Alabama are specified in Title 30, Chapter 2, and Chapter 3 of the Code of Alabama.
How to File for a Divorce in Alabama in 8 Steps
Filing for divorce in Alabama includes eight steps that spouses need to follow in order to start the divorce process.
#1. Fill out the Divorce Form
First of all, spouses should obtain the divorce forms from the circuit court in their state or from the Alabama court website. Then, read the instructions carefully and provide personal information for both spouses, such as name, address, and phone number.
Indicating the grounds for divorce is also required, whether fault-based, such as adultery, or no-fault-based, such as differences in personalities. Information on the division of assets should be included if possible.
Additionally, if there are children in a marriage, information on child custody agreements should be provided. If alimony is requested, the amount must be specified along with reasons for such a request.
#2. Fill out Additional Court Forms
Spouses need to get information from the clerk of the circuit court on what additional court forms are required to go along with the divorce form. This is because the requirements differ from one state to another.
Summons and divorce complaints are needed for one spouse to inform the other that a divorce has been filed. Then a “defending” spouse can form an answer and possibly add a counterclaim if there is a need.
If one spouse needs temporary orders for child custody or alimony during the divorce process, then a motion for temporary orders should be filed.
#3. File the Forms With the Court
After gathering all the necessary documents for the divorce process, copies of all documents should be made. One set of copies is needed by the court, and one set will be served to the other spouse. Now copies of the divorce form can be submitted to the clerk of the circuit court.
There is a filing fee to be paid, and if the spouse filing the form is unable to pay because of financial circumstances, then the spouse can file an “affidavit of substantial hardship and order.”
#4. Serve the Forms to the Spouse
Divorce documents can be served in Alabama by sheriffs and constables, private process servers, or certified mail with a request for a return receipt. It is important to make sure that all copies are prepared and none are missing to avoid any issues.
The sheriff usually provides a service form that needs to be completed and returned to court. If serving by mail, make sure to keep all the receipts. After the divorce papers have been served, proof of service must be filed with the court.
#5. Wait for the Defendant's Answer
After being served with the divorce papers, the defendant will have 30 days from the date he has been served to answer. The defendant might agree to the terms, contest the divorce, or file a counterclaim with their own requests.
Contested issues can be settled outside of court by engaging in negotiations or involving a mediator in the process. This can make the divorce process smoother and potentially save time and money. Legal assistance is advisable in these situations to avoid any misunderstandings.
The answer should be submitted to a circuit court, and a copy should be sent to the other spouse.
#6. Initiate the Negotiation
Before the negotiations begin, both spouses should identify their priorities and goals. They will now have to reach an agreement on matters like the division of marital property and debts, child support, or health insurance issues.
Every term established must be documented in the divorce settlement agreement. They will have to make a list of marital property and its value and include that in the agreement.
Income statements, tax returns, and all financial documents should be presented so a clear picture can be formed. A settlement agreement can be formed by two parties on their own by using a marital settlement agreement template, or they may seek legal assistance.
#7. File the Rest of the Forms
A marital settlement agreement form can be filed with the court when finished, and it will be added to the divorce decree if the court decides that the terms are fair and beneficial to both parties.
In addition to the settlement agreement, any other document that is needed by the court should be presented so that the divorce process can be finalized. When everything is filed and issues are resolved, the judge can sign the “Final Judgment of Divorce” and terminate the marriage.
The “Final Judgment of Divorce” will be submitted to the clerk, and in a short period of time, spouses will receive the divorce decree.
#8. Change Your Name
Changing a name can be done as part of the divorce process or separately. A request for a name change should be included in the divorce petition, and it should specify the name the spouse wishes to use after the divorce.
When divorce is finalized, the divorce decree can be used as a court order for a change of name. All identification documents must be updated with a new name. This includes an ID card, driver’s license, social security card, or passport.
Relevant institutions, like banks, should be informed of the name change. Additionally, personal records, such as vehicle registration, professional licenses, or voter registration, should be updated.