A party can get an online divorce in Alabama if the petitioner is an Alabama resident and the spouses have already agreed about division of property and payment of spousal or child support. A petitioner, or party who files for divorce, can file a divorce Complaint to initiate a divorce on their own.
A Complaint requires that the petitioner confirm the following:
- The petitioner and the defendant, their spouse, have no children from the marriage that are under the age of 19 and a wife is not pregnant.
- The petitioner and the defendant have already divided their personal property, including automobiles, furniture, clothing, and bank accounts.
- The petitioner and defendant do not need a court order to divide their property.
- The petitioner and defendant do not own any real estate together, like a house or land.
- The petitioner and defendant do not have any joint debts that must be divided by the court.
- The petitioner and defendant agree they do not get along and cannot live together.
- The petitioner and defendant agree the marriage is broken down and cannot be fixed.
- The petitioner and defendant agree it is not in their best interests to try to fix the marriage.
A Complaint must be signed and notarized. There are electronic, or e-notary, services available online. Spouses who own property that they will divide should also submit a marital settlement agreement (MSA) to the court. A Decatur divorce attorney can help draft or review a MSA. In Alabama, the court requires that 30 days pass before the judge will approve a divorce request. The time increases to 45 days if the spouses have minor children.
A Complaint essentially states the spouses are engaging in a no-fault, uncontested divorce. In a no-fault divorce, the petitioner does not have to prove the defendant engaged in “fault” like adultery to cause the divorce. In an uncontested divorce, the spouses agree on how to divide property and share custody of children.
If the spouses are in disagreement about property division or have not engaged in property division, or cannot confirm the statements above, they cannot get divorced completely online. The spouses will need to come to court for hearings. Then the court can issue orders or resolve the divorce through a trial.
If both spouses live in Alabama, the petitioner should file the divorce complaint in the circuit court of the county where the defendant lives. Alternatively, the petitioner can file in the circuit court of the county where the couple lived at the time they separated. If the defendant does not live in Alabama, the petitioner should file in the circuit court of the county where they live.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, probate, and real estate closings on this website. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply feedback. We appreciate our readers & love to hear from you!