Complaint for Divorce - Alabama - Edit, Fill, Sign Online

COMPLAINT FOR DIVORCE

IN THE CIRCUIT COURT FOR TUSCALOOSA COUNTY, ALABAMA

In re: the Marriage of

____________________________

Plaintiff

and

_____________________________

Defendant

)

_______________________________

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), I__________________ (state), the Plaintiff and Defendant married.

An official copy of the marriage license is attached to this COMPLAINT FOR DIVORCE.

4. Children: Plaintiff and Defendant have the following children born or adopted into their marriage:

Name: ____________________________________ Date of Birth: __________________

5. 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.

6. 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.

7. 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.

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 Date

_________________

Petitioner's Address, Line 1

____________________

Petitioner's Address, Line 2

Subscribed and sworn to before me on this ____ day of __________________, 2010.

__________________________________

Notary

AFFIDAVIT OF CONSENT

IN THE CIRCUIT COURT FOR TUSCALOOSA COUNTY, ALABAMA

In re: the Marriage of

____________

Plaintiff

and

____________

Defendant

)

_______________________________

Docket No.

1. A COMPLAINT FOR DIVORCE was filed between Plaintiff and Defendant on the _________ day

of __________________, 2010.

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 Date

_____________

Address, Line 1

_____________

Address, Line 2

STATE OF ALABAMA

COUNTY OF TUSCALOOSA

Subscribed and sworn to before me on this ____ day of __________________, 2010.

__________________________________

Notary

MARITAL SETTLEMENT AGREEMENT

AGREEMENT made on this ____ day of ___________________, 2010, by and between

_____________________________________ (hereinafter referred to as "Wife"), who resides at

_________________________________ [insert full residential address of Wife] and

____________________________________ (hereinafter referred to as "Husband"), who resides at

________________________ [insert full residential address of Husband].

WHEREAS, we were married on the ____ day of _____________________, 2010, in

_________________________, State of _________________________, and we now mutually desire to

dissolve our marriage and mutually agree to live permanently separate and apart from each other, as if we were

single;

WHEREAS, we each have exercised good faith and have made fair, accurate, and complete disclosure to each

other regarding all financial and property matters pertaining to this marital settlement agreement;

WHEREAS, we mutually desire to settle by agreement all matters regarding our marital affairs, child custody and

visitation, personal and real property, and finances;

WHEREAS, we mutually intend this agreement to be a final disposition regarding the marital issues addressed

herein and intend that this agreement be incorporated into any subsequent JUDGEMENT FOR DIVORCE.

THEREFORE, in exchange for the mutual promises herein contained, we agree to live separately and to divide

our property and finances according to the following mutually agreed upon terms and conditions:

1. CHILDREN

Husband and Wife have the following child(ren) born or adopted into their marriage:

Name: ____________________________________ Date of Birth: __________________

A. CUSTODY

To settle all issues in relation to custody in a manner consistent with the best interest of the child(ren), Husband

and Wife agree as follows:

Husband shall have sole custody of ______________________________________

____________________________________________________________________.

Wife shall have sole custody of __________________________________________

____________________________________________________________________.

Husband and Wife shall have joint custody of _______________________________

____________________________________________________________________.

B. VISITATION

To settle all issues in relation to the visitation rights in a manner consistent with the best interest of the child(ren),

Husband and Wife agree as follows:

1) Husband shall have the following rights of visitation:

Weekends:

Husband shall have visitation rights on the following days and times [choose one:] ______ each

weekend OR ______ every other weekend:

Sunday___________________________________________________________________

____________________________________________________________________

Weekdays:

Husband shall have visitation rights on the following days and times during [choose one:] ______ each

week OR ______ every other week:

____________________________________________________________________

Yearly Vacation:

Husband shall have visitation rights for the following vacation periods each year:

Every other year for all major holidays. As well as holidays when school is out. He will get her during the

summer when school is out as well as every other year for her birthday.

____________________________________________________________________

Holidays (Even-Numbered Years):

Husband shall have visitation rights for the following holidays during even-numbered years:

____________________________________________________________________

Holidays (Odd-Numbered Years):

Husband shall have visitation rights for the following holidays during odd-numbered years:

____________________________________________________________________

Other Visitation Rights:

Husband shall have the following additional visitation rights:

____________________________________________________________________

____________________________________________________________________.

2) Wife shall have the following rights of visitation:

Weekends:

Wife shall have visitation rights on the following days and times [choose one:] ______ each weekend

OR ______ every other weekend:

____________________________________________________________________

Weekdays:

Wife shall have visitation rights on the following days and times during [choose one:] ______ each week

OR ______ every other week:

____________________________________________________________________

Yearly Vacation:

Wife shall have visitation rights for the following vacation periods each year:

____________________________________________________________________

Holidays (Even-Numbered Years):

Wife shall have visitation rights for the following holidays during even-numbered years:

____________________________________________________________________

Holidays (Odd-Numbered Years):

Wife shall have visitation rights for the following holidays during odd-numbered years:

____________________________________________________________________

Other Visitation Rights:

Wife shall have the following additional visitation rights:

____________________________________________________________________

____________________________________________________________________.

2. REAL ESTATE

A. RESIDENCE

Husband shall reside at _________________________________________________

____________________________________________________________________.

Wife shall reside at_____________________________________________________

____________________________________________________________________.

B. HOMESTEAD

Husband and Wife own the following real property as their family residence, located at

____________________________________________________________________

____________________________________________________________________.

Husband and Wife agree that ___________________________ shall continue to reside at

the above mentioned family residence.

Rights, responsibilities and expenses regarding the above mentioned family residence shall

be distributed as follows:

1) Title:

Husband shall have the following rights of title and ownership in the family residence:

_____________________________________________________________________________

Wife shall have the following rights of title and ownership in the family residence:

_____________________________________________________________________________

2) Expenses, Mortgage and Maintenance:

Husband shall be responsible for and pay the following expenses regarding the family residence:

_____________________________________________________________________________

Wife shall be responsible for and pay the following expenses regarding the family residence:

_____________________________________________________________________________

C. OTHER REAL ESTATE

Husband and Wife jointly own the following other real estate to be divided as follows:

1) To Husband:

_____________________________________________________________________________

2) To Wife:

_____________________________________________________________________________

3. PERSONAL PROPERTY

A. HOUSEHOLD GOODS

Husband and Wife jointly own the following household goods to be divided as follows:

1) To Husband:

_____________________________________________________________________________

2) To Wife:

_____________________________________________________________________________

B. AUTOMOBILES

Husband and Wife jointly own the following automobiles to be divided as follows:

1) To Husband:

_____________________________________________________________________________

2) To Wife:

_____________________________________________________________________________

C. OTHER PERSONAL PROPERTY

Husband and Wife own the following other personal property to be divided as follows:

1) To Husband:

_____________________________________________________________________________

2) To Wife:

_____________________________________________________________________________

4. BANK ACCOUNTS

Husband and Wife jointly hold the following bank accounts:

________________________________________ (Account Number)

________________________________________ (Account Balance)

________________________________________

(Name and Address of Institution)

________________________________________ (Account Number)

________________________________________ (Account Balance)

________________________________________

(Name and Address of Institution)

________________________________________ (Account Number)

________________________________________ (Account Balance)

________________________________________

(Name and Address of Institution)

________________________________________ (Account Number)

________________________________________ (Account Balance)

________________________________________

(Name and Address of Institution)

The above mentioned accounts shall be divided as follows:

1) To Husband:

_____________________________________________________________________________

2) To Wife:

_____________________________________________________________________________

5. DEBTS

Husband and Wife jointly hold the following debts outstanding:

________________________________________ (Account Number)

________________________________________ (Account Balance)

________________________________________

(Name and Address of Institution)

________________________________________ (Account Number)

________________________________________ (Account Balance)

________________________________________

(Name and Address of Institution)

________________________________________ (Account Number)

________________________________________ (Account Balance)

________________________________________

(Name and Address of Institution)

________________________________________ (Account Number)

________________________________________ (Account Balance)

________________________________________

(Name and Address of Institution)

The above mentioned debts shall be divided as follows:

1) Husband agrees to pay and assume all responsibility for the following debts:

_____________________________________________________________________________

2) Wife agrees to pay and assume all responsibility for the following debts:

_____________________________________________________________________________

Husband and Wife agree that from the date of this agreement, neither shall assume any joint debt or liability.

Husband and Wife agree that each shall be individually responsible for all debts that he or she acquires

subsequent to the date of this agreement.

6. TAX LIABILITY

A. Husband and Wife agree that any joint tax liability shall be assumed as follows:

1) By Husband:

For __________________________________________________________________________

_____________________________________________________________________________

2) By Wife:

_____________________________________________________________________________

B. The custodial parent shall have the sole right to claim as a dependent for state and federal income tax

purposes any child over which he or she has custody. In the event of joint custody, the Husband and Wife agree

as follows with respect to who shall hold this right:

._____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________.

7. LIFE INSURANCE

A. Husband owns the following life insurance policies naming Wife as beneficiary:

___________________________________ (Policy Number)

___________________________________ (Policy Amount)

___________________________________

(Name and Address of Institution)

___________________________________ (Policy Number)

___________________________________ (Policy Amount)

___________________________________

(Name and Address of Institution)

___________________________________ (Policy Number)

___________________________________ (Policy Amount)

___________________________________

(Name and Address of Institution)

Fillable Printable Complaint for Divorce - Alabama

Fillable Printable Complaint for Divorce - Alabama

Complaint for Divorce - Alabama