How do I start a divorce process?
If you are looking to get a divorce in Alabama, the first step you must take is to meet the state’s residency requirements. To qualify, you or your spouse must have lived in the state for at least six months prior to the filing. Once the residency requirements are met, the divorce process can begin. You will need to fill out the appropriate paperwork and submit it to your county’s Circuit Court Clerk’s office. The paperwork you need to file may include a Petition for Dissolution of Marriage, as well as an Affidavit of Residence. Additionally, if you have children, you may need to fill out additional forms that address issues such as child custody and support. Next, you will need to serve your spouse with the paperwork. The clerk’s office will be able to provide you with instructions on how to serve your spouse or you may choose to go through a process server. Your spouse must be served prior to the finalization of the divorce. Once your spouse has been served, you must wait until the mandatory waiting period has passed. In Alabama, there is a 60-day waiting period before the divorce decree can be finalized. During this time, the court may choose to hold a hearing to determine matters such as child custody or spousal support. Once the waiting period has concluded, an order of dissolution of marriage will be signed and the divorce will be finalized. You can then proceed to obtain a legally filed copy of the divorce decree.
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