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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

HS-16, Certificate of Divorce HS-16, Certificate of Divorce

Information Sheet

Petition for Divorce

Answer and Waiver

Affidavit of Testimony

Settlement Agreement (if applicable)

Decree of Divorce (with interlocutory language)

Uncontested Divorce w/ Children

HS-16, Certificate of Divorce

Information Sheet

Petition for Divorce and Custody Affidavit

Answer and Waiver

Affidavit of Testimony

Settlement Agreement

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

HS-16, Certificate of Divorce

Information Sheet

Petition for Divorce

Summons (original/two copies)

Contested Divorce w/ Children

HS-16, Certificate of Divorce

Information Sheet

Petition for Divorce

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 attorney 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 attorney 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.