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A separation agreement is included in the packages above. As we said earlier, it starts with a Complaint asking the Court to grant your divorce, asking for you to return to your maiden name, asking for certain property to be awarded to you, and other such requests. The next document that is filed in a simple uncontested divorce is called an Answer and Waiver. This document answers the allegations and requests in the Complaint and is filed by the Defendant in response to it.

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Basically, if you are the Plaintiff then your attorney files the Complaint. Then the Defendant your spouse must sign and file the Answer.


The Answer usually denies all of the allegations in the Complaint but also waives any hearings or other legal requirements that are usually necessary in a civil case. For example, it waives the requirement that Testimony be given in person to the Judge. This allows you to sign a deposition stating all manner of things and have it filed with the Court instead of having to come to Court and give testimony in person.

The Answer and Waiver is signed by your spouse and waives many of the technical requirements, allowing the uncontested divorce to go through more smoothly. He or she will also need to sign a document stating that they realize they are not represented by an attorney and you are.

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The document goes on to state that they do not wish to retain an attorney for themselves and they waive the right to an attorney in reaching an agreement with you. Since the Defendant has waived certain requirements in order to streamline the divorce process, you can give testimony by deposition instead of having to go in person and verbally give testimony at the Courthouse. This means that a document can be drawn up and you can sign it swearing that the statements made in it are the truth, avoiding having to go to court.

The main document in an uncontested divorce is the Settlement Agreement, which states how you and your spouse are dividing all of your debts, personal property, real property, retirement, how you are scheduling visitation, who pays child support and how much, and other such marital issues. Both spouses sign this document, your attorney files it with the Court, and it is this agreement that must be followed when your divorce decree is ordered.

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Everything in here must be adhered by or the other party can file a motion for contempt later on, finding the other party in contempt of court for not abiding by the agreement. This agreement is what makes the divorce uncontested.

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There are also certain forms called CS or Child Support forms. These must be signed in all cases involving minor children of the marriage children under 19 years old.

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There is the CS form, which states what your gross monthly incomes are and what each of you pay for health insurance coverage and child care costs for the children. Then there is the CS form, which calculates what the child support guidelines are. The guidelines are the recommendation of what should be paid in child support, and although you and your spouse can agree to a different amount, the guidelines are usually considered a fair amount to pay.

Therefore, if you agree to a much lesser or much higher amount than what the guidelines state, then it might not be approved by the Judge in your case, since all judges have to approve your agreement.

How to Get an Uncontested Divorce in the State of Alabama — Reid Law Firm

There is also a CS form that basically states whether the guidelines were followed or not. Lastly, there is the Final Judgment that must be submitted to the Court for the judge to sign. The custody affidavit just states the address of the children and certain other facts as to the custody of the children. In our next blog post, we will continue with this discussion and talk about the clauses and language to make sure are in your documents when filing an uncontested divorce in Alabama. Harris Firm Blog.