This is about filing your own divorce in Alabama. It describes the procedures, forms, and filing fees for filing divorce in Alabama without a lawyer.
- How hard is it to file my own divorce?
- What are the papers that need to be filed?
- What’s the filing fee for a divorce?
Technically, it’s not all that difficult to file your own divorce in Alabama. The problem is that there’s an extremely high rejection rate for pro se divorce filings. Pro se divorce is still the exception to the rule in Alabama. And don’t expect the staff at your clerk’s office to be all that helpful when you try to fix the problem. That’s not because they don’t want to be helpful. More likely, they genuinely tried to help someone a while ago, and then got their wrist slapped when a problem developed later. As a result, they tend to be reluctant to give any advice to people about what to file or how to word pleadings.
Every divorce that’s filed as uncontested requires the following documents:
- Certificate of Divorce (called a “stat form.”) This is available at the courthouse.
- Form CS-47. Ditto.
- Answer, Waiver, and Agreement for the Taking of Testimony
Nearly every divorce requires an Agreement between the two parties. And if you have minor children, you will need to file a CS-41 (affidavit of income) for each party, a CS-42 (the form on which child support is calculated), and a CS-43 (the form on which you inform the court whether you’re following the child support guidelines).
The fee varies by county. In Talladega County where I file my divorces, the fee is $268.37 for electronic filings.