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

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Scottsboro, AL 35768


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Jackson County

FILING FOR DIVORCE

Office located on the 2nd Floor
Civil Division
Telephone: 256-574-9326


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.

Please note that the documents listed below are the minimum required for a divorce in Jackson County. Other documents may be required, according to individual circumstances.

Alabama Legal Help Website - www.alabamalegalhelp.org

CLICK HERE for information and to download the Vital Statistics Form (Certificate of Divorce)

CLICK HERE for information on Petition for Modification or Petition for Contempt

UNCONTESTED DIVORCE CASE - NO MINOR CHILDREN

DOCUMENTS REQUIRED FOR FILING

  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 both 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 (must be notarized)
  8. Vital Statistics Form (Certificate of Divorce) (completed)
FILING FEE (non-refundable) (Click here for a list of filing fees.)

UNContested Divorce - WITH Minor Children

In addition to documents 1-8 above, the following additional documents are required when the parties have minor children.

  1. Child Support Information Sheet (Form CS-47) with Party and children information completed.
  2. Child Support Obligation Income Statement/Affidavit (both parties)(Form CS-41)
  3. Child Support Guideline Form (Form CS-42)
  4. Child Support Guideline Notice of Compliance (Form CS-43)
  5. Certificate of Completion of Transparenting Class (both parties) (or supplemental decree) (Call 256-259-1774 to schedule class)
  6. Withholding Order Payment of Child Support (Form CS-01CSED) (completed and ready for Judge’s signature) (Required, any time child support is ordered, even if not to be served at this time)
  7. Divorce Decree (ready for Judge’s signature)
  8. Separation Agreement (original and 2 copies)(must be notarized)
  9. ** Vital Statistics Form (Certificate of Divorce)

FILING FEE (non-refundable) (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 should request the Clerk to 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)

Service fee for an immediate Withholding Order is $10 for service by Sheriff or the cost of postage for certified mail.

 

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 both 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.

FILING FEE (non-refundable) (Click here for a list of filing fees.)

 

Contested Divorce - WITH Minor Children

In addition to documents 1-6 above, the following additional documents are required when the parties have minor children.

  1. Child Support Information Sheet (Form CS-47) (with Party and children information completed)
  2. Child Support Obligation Income Statement/Affidavit (both parties) (Form CS-41)
  3. Child Support Guideline Form (Form CS-42)
  4. Child Support Guideline Notice of Compliance (Form CS-43)
  5. Certificate of Completion of Transparenting Class (both parties) (or supplemental decree) (Call 256-259-1774 to schedule class)
  6. Withholding Order Payment of Child Support (Form CS-01CSED) (completed and ready for Judge’s signature) (Required, any time child support is ordered, even if not to be served at this time)

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)

Service fee for an immediate Withholding Order is $10 for service by Sheriff or the cost of postage for certified mail.


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/