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Alabama: Alabama Divorce Forms and Explanations
This is a list of the most commonly filed divorce forms for the state of Alabama. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in Alabama, certain forms may or may not be required by the Alabama courts.
- Complaint, PS-08
- Marital Settlement Agreement
- Answer, Waiver and Agreement for Taking Testimony
- Testimony of Plaintiff, PS-09
- Affidavit of Residency
- Request for Divorce Judgment by Default, PS-10
- Vital Statistics Form
- Child Support Information Sheet, CS-47
- Child Support Obligation Income Statement/Affidavit, CS-41
- Child Support Guideline Form, CS-42
- Child Support Guideline Notice of Compliance, Form CS-43
- Standing Pre-Trial Order
- Certificates of Attendance of the Children Cope with Divorce Seminar
- Order of Child Support
- Withholding Order Payment of Child Support, CS-23
- Notice to Defendant
- Instructions for Employer
- Answer to Order of Withholding
- An Order of Service and Return
Complaint, PS-08
The Complaint identifies the parties, establishes the history of the marriage, and states that the parties "can no longer get along nor live together [because] the marriage is broken down and cannot be fixed. It is not in our best interests to keep trying to fix it." The Complaint, which is often filed with the Marital Settlement Agreement when both parties agree to the divorce, asks the court to end the marriage. It must be signed in the presence of a Notary Public.
Answer, Waiver and Agreement for Taking Testimony
The Answer, Waiver and Agreement for Taking Testimony states that the Defendant waives the right of service of process, but demands "strict proof" of every allegation. The Defendant who signs an Answer, Waiver and Agreement for Taking Testimony waives formal service of the summons and the complaint.
Testimony of Plaintiff, PS-09
The Testimony of Plaintiff is a notarized affidavit by which the Plaintiff certifies grounds for the marriage: that "[t]here has been an irreparable breakdown of the marriage and further attempts at reconciliation are impractical or futile and not in our best interests. The Defendant and I are no longer able to communicate with one another and are pursuing separate lives." It also stipulates that the Defendant is not in the military.
Affidavit of Residency
The Affidavit of Residency, a notarized statement by a third-party, attests that the Plaintiff meets the residency requirements of Alabama.
Request for Divorce Judgment by Default, PS-10
The Request for Divorce Judgment by Default may be filed by the Plaintiff if the Defendant fails to respond to the Summons and Complaint by the 30-day deadline for filing an Answer.
Vital Statistics Form
The Vital Statistics Form, which is a certificate of divorce, is used for state vital records.
Child Support Information Sheet, CS-47
The Child Support Information Sheet identifies the parents, their children and dates of birth, residences and places of employment.
Child Support Obligation Income Statement/Affidavit, CS-41
The Child Support Obligation Income Statement/Affidavit, which must be completed by both spouses and must be notarized, states the employment and nonemployment income of the parties and the cost of any medical insurance coverage for the children, if any.
Child Support Guideline Form, CS-42
The Child Support Guideline Form documents the calculation of child support based on the monthly adjusted gross income of each parent, percentages of combined income, insurance costs. From these calculations, child support is determined.
Child Support Guideline Notice of Compliance, Form CS-43
The Child Support Guideline Notice of Compliance, which is signed by both parents, documents that the Alabama rules of judicial administration for child support have been met, or if they have not, it sets forth reasons.
Standing Pre-Trial Order
The Standing Pre-Trial Order prohibits the spouse from harassing one another and removing children from the state and may mandate the "Transition in Parenting" Class, which is often required of both parents.
Certificates of Attendance of the Children Cope with Divorce Seminar
The Certificates of Attendance of the Children Cope with Divorce Seminar, attest to the required attendance of each parent at the divorce seminar.
Order of Child Support
The Order of Child Support sets the amount of child support the noncustodial parent pays to the custodial parent.
Withholding Order Payment of Child Support, CS-23
The Withholding Order Payment of Child Support stipulates that child support be withheld from the wages of the defendant, who is the usually the noncustodial parent.
Notice to Defendant
Notice to Defendant puts the noncustodial parent on notice of that the court the has issued an Order of Child Support.
Instructions for Employer
The Instructions for Employer informs the employer of the spouse paying support of the Order of Child Support.
Answer to Order of Withholding
The Answer to Order of Withholding sets the withholding in motion.
Order of Service and Return
The Order of Service and Return sets the withholding in motion.
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