For uncontested divorces in Alabama, there are a number of forms that need to be filed with the court. In the past, in person testimony was required by courts, but now the Testimony of Plaintiff document can work in lieu of that. This document includes information about the individual’s residency, the date of marriage, separation, place where the couple got married, the reasons for why they want the divorce, a statement to the fact that an agreement has been reached between the two parties, and if necessary, the names of any children that the couple might have. If necessary, this document also acknowledges that the defendant is not an active duty member of the military. When the document is signed and notarized it becomes a sworn statement, which is why it is an acceptable substitute for in person testimony.
While the Testimony of Plaintiff document can be used instead of in person testimony in most Alabama counties, there are some exceptions. One example is Etowah County. Even if you are going through with an uncontested divorce, which is a relatively simple process, in Etowah County you will have to go before a judge and outline the details and contexts of your marriage and what has been put forth in your divorce agreement. Having to go through with in person testimony means that you will likely have to hire an attorney to help you file the documents for your uncontested divorce, including the settlement agreement. From there the attorney will schedule the court date for your testimony.
In many ways, your in-person testimony will run similar to the questions and contexts that you would fill in on the paper document. You will offer contexts and a history of the marriage, what led up to the separation, what the separation date was, and if incompatibility or irreconcilable differences played a role in the decision to seek out a divorce. If necessary, you will give testimony about any minor children that you may have, with information about their birth date, and any details about custody and support arrangements you have arrived at.
An Answer & Waiver document states that the defendant acknowledges that they have received divorce papers. The Answer & Waiver must be signed, witnessed, and notarized. The Defendant, the party being served divorce papers, accepts a copy of one of the following documents: a Petition for Support, a Complaint for Paternity, a Petition for Contempt, or a Petition for Modification. In an Answer & Waiver document, the Defendant concedes the following:
- They admit to the allegations within the Petition they were served with.
- They acknowledge that they have the right to seek out separate legal counsel from that of their spouse, and that it may be in their best interest to retain counsel for the purpose of the divorce proceedings.
- They agree that they have received a copy of one of the forms they have been served with.
These are just two examples of documents that you will need to file with the court when you are seeking out an online divorce in Alabama. If you have any questions or concerns about the process, an attorney can assist you to clear up any issues.