A final Divorce Decree is a document that is generated by the Court and filed with the Clerk's office that proves that a couple is divorced. Requests for copies may be made in person at our Domestic Relations Division or by phone at (937) 225-4562, or by calling the Records Division at (937) 496-7762.
STEP ONE: The Notice to Defend and Divorce Complaint A divorce case is started with the filing of a “Complaint.” There are two forms that must be attached to the Complaint: the “Notice to Defend and Claim Rights” must be attached on top, and the “Verification” must be attached on the bottom.
Personal service. Personal service is the most common method of serving divorce papers. This process involves handing the papers directly to your spouse. In most cases, the person serving your spouse with the papers must be over the age of 18 and not a party in the divorce.
In the state of Pennsylvania, there are two official ways in which you may be served divorce papers. The first way is via regular or certified mail, which will be addressed to you at your last known address with a return receipt requested. The second way is via a sheriff or another capable adult besides your spouse.
In Pennsylvania, if your spouse files for divorce and serves you with papers, you must take action within 20 days. If you don't answer the petition or file a counterclaim within that time frame, the court may assume that you consent to the divorce and move forward with proceedings.
You cannot personally serve the other party. A competent person over the age of 18, who is not a party on the case, or a family member; can serve the other party for you. This person could be a friend, sheriff, constable, etc. You can also serve them via mail or serve their attorney.
In an uncontested divorce, the case is filed in the Circuit Court in the county where you or your spouse resides. The online attorney can file the documents you receive.
Preparing for a Divorce in Alabama Regardless of whether your divorce is contested or uncontested, the spouse seeking the divorce must complete certain forms and file them with the court in the county where one or both spouses live. For example, a Huntsville resident could file in Madison County Circuit Court.
Complaints may be filed in (1) the circuit court of the county where the defendant resides, or (2) in the circuit court of the county in which the parties resided when the separation occurred, or (3) if the Defendant is a non-resident, in the circuit court of the county where the Plaintiff resides.
In the state of Alabama, neither property nor debts are approached as a 50/50 split. Rather, Alabama identifies as an “equitable distribution state.” This means that left up to the courts, the division of assets (property) and liabilities (debts) should be fair and equitable.