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8:00 am - 4:30 pm
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(Office remains open during lunch hours)

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Phone:(256) 574-9320
Fax:(256) 259-9981

102 East Laurel Street
Scottsboro, AL 35768


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Jackson County

Divorce

Office located on the 2nd Floor, Circuit Court Division Telephone: 256-574-9328


Most people need the assistance of an attorney to prepare the documents required to file for divorce. The Circuit Clerk’s office cannot give you legal advice, and therefore cannot assist you with preparing the documents. The links at the end of this page may assist you in obtaining and/or preparing the documents.

UNContested Divorce - NO Minor Children

DOCUMENTS REQUIRED FOR FILING
(**indicates form available at link below)

  1. Complaint, including Affidavit of Residency (must be notarized)
  2. Testimony of Plaintiff (must be sworn before the Clerk)
  3. ** Child Support Information Sheet (Form CS-47)(with party’s information completed)
  4. Defendant’s Answer and Waiver (must be notarized)
  5. Defendant’s Acknowledgment of Non-representation (must be notarized)
  6. Divorce Decree (ready for Judge’s signature)
  7. Separation Agreement (original and 2 copies)(must be notarized)
  8. ** Vital Statistics Form (Certificate of Divorce) (completed)

Click here for a list of filing fees.

 

UNContested Divorce - WITH Minor Children

DOCUMENTS REQUIRED FOR FILING
(**indicates form available at link below)

  1. Complaint, including Affidavit of Residency (must be notarized)
  2. Testimony of Plaintiff (must be sworn before the Clerk)
  3. ** Child Support Information Sheet (Form CS-47)
  4. Defendant’s Answer and Waiver (must be notarized)
  5. Defendant’s Acknowledgment of Non-representation
  6. ** Child Support Obligation Income Statement/Affidavit (both parties)(Form CS-41)
  7. ** Child Support Guideline Form (Form CS-42)
  8. ** Child Support Guideline Notice of Compliance (Form CS-43)
  9. Certificate of Completion of Transparenting Class (both parties) (or supplemental decree) (Call 256-259-1774 to schedule class)
  10. ** Withholding Order Payment of Child Support (Form CS-01CSED) (completed and ready for Judge’s signature) (Required, even if not to be served at this time)
  11. Divorce Decree (ready for Judge’s signature)
  12. Separation Agreement (original and 2 copies)(must be notarized)
  13. ** Vital Statistics Form (Certificate of Divorce)

Click here for a list of filing fees.


Uncontested divorces cannot be presented to a Jackson County Judge for signature until at least 30 days after filing. After the 30 days, the filing party’s attorney should notify the Clerk when the file is ready to be presented to the Judge. If all the required forms have been properly filed, the Clerk will then send to the Judge for signature.


When any order of Child Support is entered, the Withholding Order payment of Child Support shall be served on the employer immediately, unless the parties have reached an alternative agreement and the judge approves such agreement. The following forms must be completed and filed when the Withholding Order payment of child support is to be served immediately:

** Notice to Defendant (Form CS-33)
** Answer to Order of Withholding (Form CS-35)
** Order of Service and Return (for service on employer) (Form C-15)

Click here for a list of filing fees.

 

Contested Divorce - NO Minor Children

DOCUMENTS REQUIRED FOR FILING
(**indicates form available at link below)

  1. Complaint, including Affidavit of Residency (must be notarized)
  2. Testimony of Plaintiff (must be sworn before the Clerk)
  3. ** Child Support Information Sheet (Form CS-47)(with party’s information completed)
  4. Summons (for service on Defendant)
  5. Divorce Decree (ready for Judge’s signature)
  6. ** Vital Statistics Form (Certificate of Divorce) (completed) Items 1-4 are required at the time of filing. Remaining forms may be filed later.

Click here for a list of filing fees.

 

Contested Divorce - WITH Minor Children

DOCUMENTS REQUIRED FOR FILING
(**indicates form available at link below)

  1.  Complaint, including Affidavit of Residency (must be notarized)
  2.  Testimony of Plaintiff (must be sworn before the Clerk)
  3. ** Child Support Information Sheet (Form CS-47)
  4. Summons (to be served on Defendant)
  5. ** Child Support Obligation Income Statement/Affidavit (both parties) (Form CS-41)
  6. ** Child Support Guideline Form (Form CS-42)
  7. ** Child Support Guideline Notice of Compliance (Form CS-43)
  8. Certificate of Completion of Transparenting Class (both parties) (or supplemental decree) (Call 256-259-1774 to schedule class)
  9. ** Withholding Order Payment of Child Support (Form CS-01CSED) (completed and ready for Judge’s signature) (Required, even if not to be served at this time)
  10. Divorce Decree (ready for Judge’s signature)
  11. Separation Agreement (original and 2 copies)(must be notarized)
  12. ** Vital Statistics Form (Certificate of Divorce) Items 1-4 are required at the time of filing. Remaining forms may be filed later.

Click here for a list of filing fees.


When any order of Child Support is entered, the Withholding Order payment of Child Support shall be served on the employer immediately, unless the parties have reached an alternative agreement and the judge approves such agreement. The following forms must be completed and filed when the Withholding Order payment of child support is to be served immediately:

** Notice to Defendant (Form CS-33)
** Answer to Order of Withholding (Form CS-35)
** Order of Service and Return (for service on employer) (Form C-15)

Click here for a list of filing fees.


Links for Forms and additional information:
Alabama Legal Help Website - www.alabamalegalhelp.org
**State of Alabama, Unified Judicial System E-forms – http://eforms.alacourt.gov/