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On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...
Depending on your county, filing for a divorce on your own and seeking child custody independently typically costs between $200 ? $300. You can review the do-it-yourself forms available for the purpose from the Alabama Administrative Office of Courts.
Upon mailing, the attorney or party shall immediately file with the court an "Affidavit of Certified Mailing of Process and Complaint." That affidavit shall verify that a filed copy of the process and complaint or other document to be served has been mailed by certified mail in ance with this rule.
Civil Process consists of Subpoenas, Evictions, Garnishments, Divorce Papers, Small Claims, Writs, Executions, Protection from Abuse Orders, and various other Civil Processes as well as probate matters. All these papers are processed by the Clerks Office.
Form PS-05: Use this form only if this is the FIRST custody order for your children. To CHANGE an order, use form PS-07 above. Important! You MUST file this form in the same county where the children live.
In Alabama, Contempt/Rule Nisi Petitions involve filing a claim against a former spouse and/or parent for failure to comply with a court order.
First Petition for Child Custody Form PS-05: Use this form only if this is the FIRST custody order for your children. To CHANGE an order, use form PS-07 above. Important! You MUST file this form in the same county where the children live.
You may file in the family court or a court of a different name that hears custody cases. Generally, you will file in the county where the child lives and, depending on the circumstances, you may be able to request an emergency or temporary order as part of your petition.