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Alabama Divorce No-Fault No Children
(Uncontested Divorce)

About this Form:  This is a no-fault divorce form to be used within the State of Alabama (COMPLAINT FOR DIVORCE). The majority of family law courts will require that this divorce form is to be completed and filed along with a Marital Settlement Agreement. Important: Paragraph 5 (Grounds for Divorce) requires the Plaintiff to specify grounds for divorce that are acknowledged as legal and valid within the State of Alabama. Alabama law acknowledges only the following grounds as adequate for granting a no-fault divorce: (1) voluntary separation for more than 1 year; (2) complete incompatibility of personality such that the parties can no longer live amicably together; (3) irreversible breakdown of the marriage.

COMPLAINT FOR DIVORCE

IN THE CIRCUIT COURT FOR ___________ COUNTY, ALABAMA

In re: the Marriage of

_______________________________
Plaintiff

and

_______________________________
Defendant

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___________________
Docket No.

The Plaintiff, __________________, respectfully declares the following:
 
1. Plaintiff's  Residence:  Plaintiff  resides at __________________ [insert Plaintiff's address] and has been a resident of the State of Alabama for _________ [insert period of residence in months and years].

2. Defendant's  Residence:  Defendant resides at ___________________ [insert Defendant's address] and has been a resident of the State of Alabama for _________ [insert period of residence in months and years].

3. Marriage:  On __________, ____, in  ____________ (city), _________ (county), _______ (state), the Plaintiff and Defendant married. An official copy of the marriage license is attached to this COMPLAINT FOR DIVORCE.

4. Jurisdiction:  This Court is that of proper jurisdiction to hear this cause. The Defendant has agreed to file an Affidavit of Consent in this cause.  Neither the Plaintiff or Defendant has been involved in any litigation or other proceeding involving the other party in this or any other jurisdiction with respect to their marriage or any other domestic matter.

5. Grounds for No-Fault:  Plaintiff wishes a dissolution of marriage with Defendant based on the following grounds:
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
[Note: This paragraph must describe sufficient legal basis for divorce as recognized by the laws of the State of Alabama. Sufficient basis for a no-fault divorce within Alabama is limited to the following: (1) irretrievable breakdown of the marriage; (2) complete incompatibility of temperament such that the parties can no longer live together; (3) voluntary separation for more than 1 year.

6. Marital Settlement Agreement:  Plaintiff and Defendant ___________ have (copy attached) ___________ have not entered into a Marital Settlement Agreement that formalizes an allocation of their property and finances and matters relating to child custody and visitation.

7. Other Declarations:
________________________________________________________
________________________________________________________
________________________________________________________

NOW, THEREFORE, Plaintiff requests that the court order a JUDGEMENT FOR DIVORCE and such further relief as Plaintiff may have requested herein.
 

Verification

I, _____________________________________ [name of Petitioner], affirm under penalty of perjury that I am the Petitioner in the foregoing COMPLAINT FOR DIVORCE and that all statements in this Petition are accurate to the best of my knowledge. I have filed this Complaint in good faith and have not colluded with anyone in relation to it.
 

_____________________
Petitioner's Signature


__________________________________
Petitioner's Address, Line 1

_________________________________
Petitioner's Address, Line 2


Subscribed and sworn to before me on this ____ day of __, 20__.
 
 
_________________________
Notary

 

AFFIDAVIT OF CONSENT

IN THE CIRCUIT COURT FOR _________ COUNTY, ALABAMA

In re: the Marriage of

______________________
Plaintiff

and

______________________
Defendant

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______________________
Docket No.

1. A COMPLAINT FOR DIVORCE was filed between Plaintiff and Defendant on the _________ day of ___________, 20____.

2. The marriage between Plaintiff and Defendant is irretrievably broken and efforts at reconciliation have failed.

3. I, ___________________, have received a copy of the COMPLAINT FOR DIVORCE, and I have read it thoroughly and understand it. I do not wish to contest this proceeding. I do not object to the declarations made in the COMPLAINT FOR DIVORCE. I do hereby consent to the relief requested in therein and to the entry of a JUDGEMENT FOR DIVORCE dissolving and forever terminating the marriage between Plaintiff and Defendant. I consent that the court may hear this cause on any day convenient to the court without further notice to me. I further consent that the court may enter any order granting any and all the relief sought in the COMPLAINT FOR DIVORCE.

4. I waive any and all rights I may have to a motion for a new trial, a record testimony, findings of fact and conclusions of law, notice of trial, a notice of entry of a JUDGEMENT FOR DIVORCE and my right to appeal. I do not waive any future rights I may have to the modification of any judgment or decree in relation to this cause.

5. I affirm under penalty of perjury that all statements in this Affidavit of Consent are accurate to the best of my knowledge. I have filed this Affidavit of Consent in good faith and have not colluded with anyone in relation to it, nor have I been subject to any force or duress in signing it.

 

____________________
Signature


___________________________
Address, Line 1

___________________________
Address, Line 2


STATE OF ALABAMA
COUNTY OF ________

Subscribed and sworn to before me on this ____ day of ______, 20___.
 
 
_______________________
Notary