• Alabama does not offer summary divorce.c..."ur bris?? image by Ellsing from Fotolia.com
  
  In every state, the law provides several paths to divorce. In Alabama there are three: uncontested, default and contested. The beginning procedures for all are the same. Differences are in the way a divorce is actually granted. Unlike some states, Alabama does not have a summary divorce process, which is simplified and streamlined when there are minimal assets and no children involved.
  
  

File a Complaint

• Every divorce begins with the filing of a complaint for divorce. The spouse who files is called the plaintiff and the responding spouse is the defendant. In the complaint, the plaintiff states her grounds for divorce. In Alabama, there are three no-fault grounds: incompatibility, irretrievable breakdown of the marriage, or voluntary separation of a year or more. There are also 10 fault grounds, including adultery, alcohol or drug abuse or spousal abuse. Unlike no-fault grounds, the plaintiff must prove, with witnesses, that the fault occurred.
  
  

Serve the Defendant Spouse

• The plaintiff or his lawyer must arrange for someone to hand-deliver a copy of the divorce complaint to the spouse, either the county sheriff, constable or a private process server. The defendant can also sign a waiver of service if the divorce is uncontested.
  
  

Waiting Periods

• After the defendant has been successfully served, he has 20 days to file an answer to the complaint. If he does, the divorce is considered contested. If he doesn't, the divorce will be granted by default. No divorce can be granted until 30 days after the date of service.
  
  

Additional Documents

• Several additional documents will need to be filed with the court depending upon whether the divorce is contested, uncontested or the defendant has defaulted. Preliminary documents in all types of divorces include an affidavit of residency by the plaintiff that proves she meets residency requirements. She must also file a second affidavit swearing that the grounds she has filed on are true and that the defendant spouse is not in the United States military. If he is, additional laws apply. If the matter is uncontested, the parties must jointly draw up a marital settlement agreement telling the court how they've resolved all issues between them. This must include a schedule for visitation and parenting time of any minor children. A child support guidelines form and a child support income statement must also be filed by each party.
  
  

Parenting Class

• Alabama requires all divorcing parents to attend a "Children Cope with Divorce" seminar before they can be divorced. After they've done so, they must both file a certificate of their attendance with the court.
  
  

Final Hearing

• All divorces are finalized by an appearance before a judge. In contested matters where the defendant filed an answer before issues were resolved between them, the matter becomes uncontested if the parties have signed a marital settlement agreement. The parties present the agreement to a judge and if it is satisfactory, the judge will sign off on it. In default matters, the judge will normally grant the relief the plaintiff asked for in his complaint for divorce. Contested matters proceed to trial unless the parties settle their differences by agreement before the trial date. A judge will hear the testimony of both parties and their witnesses and will decide any remaining issues between them.
  
  

Name Change

• Any spouse who wants to revert back to her maiden or previous name after the divorce should tell the judge at the final hearing. The name change will be incorporated into the final divorce decree.