An overview of the uncontested Montgomery Divorce process

Montgomery Divorce comes under the Alabama divorce law. In several cases it may happen that one spouse files for a divorce, and the other spouse accepts the divorce without contesting it. Or, both spouses have a prior understanding for seeking a divorce without contesting the issue.

In an uncontested Montgomery Divorce case, the testimonies of the two parties will be usually taken by a court clerk, in the form of a sworn statement or as a transcript of their oral declaration. In a case where one of the two spouses requests for child support, an additional form known as the Child Support Guidelines form and a Child Support Income Affidavit has to be submitted by the party seeking such support.

In an uncontested Montgomery Divorce where the couple does not have minor children, the divorce petitioner has to submit the following forms to the court :

• A divorce complaint that is usually submitted along with the Marital Settlement Agreement, and requests the court to grant divorce.
• An answer, waiver and agreement for taking testimony.
• Testimony of the divorce petitioner, in the form of an affidavit countersigned by a notary where the petitioner declares the grounds for divorce
• An affidavit of residency, along with a statement by a third party who attests that the petitioner has met the residency requirement of the state of Alabama, and get such statement signed by a public notary
• A vital statistics form that is basically a certificate of divorce meant to maintain the government record

In an uncontested Montgomery Divorce that also involves minor children, the divorce petitioner needs to submit the above-listed forms, and some additional forms as follows :

• A Child Support Information Sheet that gives details on child support issue
• An affidavit of the earnings of both the spouses, known as the Child Support Obligation Affidavit that must be tendered by both the spouses
• A child support guideline form that provides details of how the child support is being calculated
• A child support guideline notice of compliance that records that all the Alabama judicial norms for child support have been fulfilled
• A standing pre-trial order that prevents the parties from troubling each other and removing children from the state.
• A certificate confirming that both parents have attended the "Children Coping with Divorce" seminar

Usually, once the court issues an Order of Child Support, a Withholding Order Payment of Child Support also gets served simultaneously.