Served With Summons
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How to fill out Notice - Served With Complaint And Summons?
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FAQ
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.
Alabama law states that the court may give custody to either the father or mother as the court deems right and proper after consideration of the moral character and prudence of the parents, as well as the age and sex of the children. Ala. Code § 30-3-1 (1975).
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.
It usually takes 6-10 weeks ? including the required 30-day waiting period ? for a judge to sign your divorce decree and for you to be officially divorced.
Only the plaintiff pays a filing fee. Ask your local court clerk what filing a case there costs (usually about $300). If you can't afford the filing fee, complete an Affidavit of Substantial Hardship, sign it in front of a notary and submit it to the court. The defendant doesn't pay to respond.
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.
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 Person in Alabama: You may go to any county health department in the State of Alabama to obtain a certified copy of an Alabama divorce certificate. Most divorce certificates can be issued while you wait. A map showing locations of county health departments where vital records may be obtained is available.