Alabama Uncontested Divorce: Step-by-Step Process and Costs

An uncontested divorce in Alabama is the fastest and cheapest way to end a marriage — if both spouses agree on every issue. That means property division, debts, custody, child support, and alimony must all be settled before you file. Miss one term, and the court treats it as contested.

The typical timeline is 30 to 60 days from filing to final decree.

What Makes a Divorce "Uncontested" in Alabama

Both spouses must agree on all terms of the dissolution and put that agreement in writing in a Marital Settlement Agreement. This document covers:

• Division of all marital property and debts
• Custody and visitation schedule (if children are involved)
• Child support calculated under Rule 32
• Whether alimony will be paid, and if so, how much and for how long

If you agree on nine out of ten issues, the divorce is still contested on that tenth issue. Complete agreement is the threshold.

The Filing Process Step by Step

Step 1: Draft your settlement agreement. Put every term in writing. Both spouses sign before a notary.

Step 2: Complete the required forms. The plaintiff fills out Form PS-08 (Complaint for Divorce), obtains an original ADPH Form HS-16 (Certificate of Divorce), and completes Form CS-47 (Child Support Information Sheet). If children are involved, both parents complete Form CS-41 (Income Affidavit) and Form CS-42 or CS-42-S (Child Support Guidelines).

Step 3: File with the Circuit Court clerk in the proper county. Pay the filing fee ($192 to $340 depending on county). You can file in person or through AlaFile, the state's electronic filing system.

Step 4: The defendant signs Form PS-21 (Acceptance of Service, Answer, and Waiver) before a notary. This eliminates the need for formal service by sheriff or certified mail.

Step 5: Wait 30 days. Alabama Code Section 30-2-8.1 requires a mandatory cooling-off period from the filing date. No judge can waive this.

Step 6: Submit final documents. The plaintiff files notarized testimony on Form PS-09, the signed settlement agreement, and a proposed Final Judgment of Divorce. If the judge approves, the decree is signed without a court appearance.

What Changes When Children Are Involved

With minor children (under 19 in Alabama), you must also:

• Complete child support worksheets (CS-42 or CS-42-S) using both parents' income from Form CS-41
• Draft a detailed parenting plan covering legal custody, physical custody, visitation schedules, holiday rotations, and transportation
• Complete mandatory parenting education classes if your county requires them (counties like Madison, Lee, Calhoun, and Mobile require them; others leave it to the judge's discretion)
• File certificates of completion with the court — judges will not sign the final decree without them

What It Costs

The main expense is the county filing fee, which ranges from $192 to $340. Beyond that, expect to pay $30 to $100 for parenting classes (if required) and notary fees for the testimony and waiver forms.

Flat-fee attorneys handle uncontested divorces for $690 (no children) to $890 (with children) plus filing fees. Online document services charge $137 to $299 but only generate forms — they do not file or advise.

The Alabama Divorce Filing Process Guide covers the full uncontested path, including child support worksheets, the settlement agreement structure, and county-specific rules. Get the step-by-step guide.

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