What Do I Need to Know About Filing Divorce in Alabama with Help Yourself Divorce?
Help Yourself Divorce is a no-fault divorce service, for those who agree on the terms of the divorce and are both willing to sign the papers. The following is a list of requirements and information about what to expect from the process. Please note that this will only apply if you use the services of Help Yourself Divorce. Those seeking to use another route for their divorce should perform their own research about what to expect from the process.
Alabama Grounds for Divorce.
Because Help Yourself Divorce is a no-fault divorce service, your divorce papers will be prepared based on the no-fault divorce grounds that “there has been an irretrievable breakdown of the marriage”. This means you and your spouse agree to file a “no-fault” divorce.
Alabama Residency Requirements.
To file for divorce in Alabama using Help Yourself Divorce, at least one spouse must be a resident of the state of Alabama. If both spouses are residents, there is no specific period of residency required. However, if one spouse is not a resident of the state of Alabama, the court requires the other spouse (the “resident” spouse) to reside in the state of Alabama for at least six months before you are allowed to file there.
If you and your spouse have minor children, the court must have jurisdiction over them. Generally this means your children must currently live in Alabama, and must have lived in Alabama for at least six months.
Alabama Divorce Filing Fees.
When you file the papers, you will have to pay a separate filing fee to the Courts. Please check with your local court clerk to find out how much the current filing fee is.
Filing For Divorce in Alabama.
Generally you will file for divorce EITHER in the county where one spouse resides, OR in the county where you and your spouse resided when the separation occurred.
Serving Your Spouse.
After filing the papers with the Court, you must “serve” your spouse with the papers. However, because this will be an uncontested divorce, you do not have to provide formal service through a Sheriff or process server. All you need to do is simply mail using regular mail, or hand-deliver, a copy of the papers to your spouse. Your spouse will sign a form acknowledging he or she has received a copy of the papers.
Waiting Period in Alabama.
There is a waiting period of 30 days from the date you file your papers with the court, before your divorce can be finalized.
Learn more about the divorce procedure.
Alabama Final Divorce Hearing.
Not all cases require a hearing, and after reviewing the paperwork, the judge will let you know whether or not you and/or your spouse must attend a hearing.
Additional Information.
After your divorce is final, there is a 60 day waiting period before you are allowed to remarry.
If you have any questions about whether our service is right for you, please don’t hesitate to contact us.
IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.