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The name change is ordered in the final divorce decree and is accomplished by filing a name change certificate or other documents with the court clerk. The fact that any children of the marriage and their mother will have different last names is not a basis for opposing a name change.
Acknowledgment of non-representation: This is used when one spouse gets an attorney and the other does not. It must be signed by all spouses and be filed at the county court. An Answer and Waiver: The Defendant waives the right of service to process. It acknowledges that the spouse has received the divorce papers.
Any party may appeal from a judgment entered against him or her by a district court to the circuit court at any time within seven days after the entry thereof, and appeal and the proceedings thereon shall in all respects, except as provided in this article, be governed by this code relating to appeal from district ...
By Alabama law, divorce records are public records. This means that any member of the public can access divorce records. However, pursuant to Alabama Code - Section 12?15?103, a party can move a motion in court, requesting the court to seal the divorce records.
The filing fees for an Alabama divorce modification vary from county to county but are usually between $200 and $350 or more, depending on the county your case was in originally. If you are not in agreement with your ex-spouse then you will need to file a contested petition to modify your divorce decree.
If only one former spouse seeks modification, he or she files a Petition to Modify the Decree. Both parties must then attend a hearing at which the petitioner (plaintiff) will state his or her case and the other spouse may rebut the argument. The judge will consider the arguments and approve or deny the petition.
You have the right under Alabama law to file a motion to alter, amend or vacate the ruling. You may also appeal the ruling to the Alabama Court of Civil Appeals and then seek review by the Alabama Supreme Court.
The waiting period to obtain a divorce in Alabama is very short ? just 30 days. Of course, the vast majority of divorce cases are not resolved in this time because there are often complicated issues or disputes that need settled, and that often means the process will take longer.