Custody Affidavits in Shelby County Divorces

In a Shelby County uncontested divorce filing, a document called a custody affidavit is required to be signed by both parties.  This affidavit is not required in every county in Alabama, but you will not be able to receive a divorce decree in Shelby county without properly executing these affidavits.  When you retain our divorce attorneys to represent you in a Shelby County uncontested divorce, we know all of the document requirements in this particular county and can ensure that you have all of the documents necessary to receive your divorce decree as quickly as possible.

These custody affidavits typically must state certain things in them and be properly signed and executed by both parties.  These custody affidavits must include certain language describing the name, date of birth, and present address of all of the children of the marriage.  It must also state the addresses of the children over the last several years if the address has changed and how long they have lived at the current address.  The affidavit must state whether there are any other legal proceedings concerning the children currently pending, or in the past, that either party has been, or is currently a part of.  The parties must also list all other persons that have physical custody, visitation, or other such custodial rights concerning the children and must state that the parties will inform the court of any custody proceedings in Alabama or in any other state that occur during the divorce proceeding.  

If there are other custody proceedings ongoing when an uncontested divorce is being filed, then they must be disclosed to the divorce court and addressed in any potential settlement agreement before a judge will sign off on your and your spouse’s agreement.  The judge might wait until the pending custody cases are complete, the judge might decide such issues in the divorce case, or any number of other options at the court’s disposal.  The important thing to remember though is that such matters must be discussed with your divorce attorney and properly disclosed to the divorce court whether you are filing a contested divorce or an uncontested case.

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