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Divorce 


An uncontested divorce is a divorce case where the parties have agreed to the terms of the divorce and do not need judicial intervention to settle their case. A contested divorce is a divorce case where the parties have not settled all of the issues in the divorce and need judicial intervention in order to finalize the matter.  Below you will find the minimum forms that are needed to file for a divorce in Montgomery County.

Uncontested Divorce - No Children   Uncontested Divorce w/ Children
HS-16, Certificate of Divorce HS-16, Certificate of Divorce   HS-16, Certificate of Divorce
lnformation Sheet   Information Sheet
Petition for Divorce  

Petition for Divorce and Custody Affidavit

Answer and Waiver Answer and Waiver
Affidavit of Testimony   Affidavit of Testimony
Settlement Agreement (if applicable)   Settlement Agreement
Decree of Divorce (with interlocutory language)   Child Support Guideline Forms (CS-41, CS-42, CS-43)
  Decree of Divorce (with interlocutory language and
paragraphs incorporating income withholding
and relocation orders)
    Income Withholding Order
     

*If there is only one attorney involved in an uncontested proceeding, a Notice of Non-Represented Party/ Right to Counsel shall be filed.

Contested Divorce - No Children   Contested Divorce w/ Children
HS-16, Certificate of Divorce   HS-16, Certificate of Divorce
Information Sheet   Information Sheet
Petition for Divorce Petition for Divorce
Summons (original/two copies) Custody Affidavit
Summons (original/two copies)

When filing a contested Petition for Divorce, you must submit an original and two copies of the Summons and an original and one copy of all pleadings.

When filing for a Temporary Restraining Order, you must submit an Affidavit by the moving party, if the complaint or motion is not yet verified, along with an Attorney Affidavit (rule 65, Alabama Rules of Civil Procedure).

HS-16, Certificate of Divorce

The HS-16, Certificate of Divorce, must be the original form provided by the Center for Health Statistics, unless you have been approved by the Center to file your computer-generated form. You may contact the Center for Health Statistics at 334-206-5418 regarding approval of your computer-generated form. If you are approved to use your computer-generated form, your form must be cut to appropriate size. The Clerk's Office will not be responsible for cutting your form.

Compliance with Rule 11, Alabama Rules of Civil Procedure

"Every pleading, motion, or other paper of a party represented by an attomey shall be signed by at least one attorney of record in the attorney's individual name, whose address shall be stated. A party who is not represented by an attomey shall sign the pleading, motion, or other paper, and state the party's address."

When an Order of Attendance to the Families in Transition Program is ordered, the parties must have compliance with the Order or an Order waiving attendance before a Final Decree of Divorce will be entered.