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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87744
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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i filed the complaint and resiency affidavit in alabama for

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i filed the complaint and resiency affidavit in alabama for pro se divorce. I then, on the same day mailed certified and restrcted te documents to my husband. He signed for these documents on the 18th. I have the receipt. I fear he will not respond in the 30day time frame and am concerned about the process for a default divorce here in alabama. Do I file the settlement agreement with only my notarized signature? do I wait and not file it? Do I file my platiff testimony now? Do I just getit notaized or is this a form I have to complete with the circuit clerk? Please help in case of a default divorce.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

Can you please clarify:

1) Is the divorce uncontested, meaning he is in agreement and does not wish to challenge any division of assets, etc?
2) Has he signed the actual settlement agreement?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


the divorce is uncontested.


we have no property, children,or debt.


He has not signed the settlement agreement. I fear he will "just no" respond at all.

Expert:  Ely replied 1 year ago.
Thank you for your clarification. Apologies in advance for the momentary wait while I am typing out the answer...
Customer: replied 1 year ago.


No aplogies necessary if you are able to decipher my messages sent from laptop that was the recent victim of an iced tea assault.


I am unsure of the order of things and he clerks office is not a lot of help. THey in fact were very confused by my doing this without an attorney....it is a very rural area..very different than where I am from..

Expert:  Ely replied 1 year ago.
Please understand how a divorce works. It may be contested or uncontested.

Contested is when he does reply, an challenge your custody request/asset division/anything else. Then, the divorce may take a long time to process.

Uncontested means that he either (1) does not challenge it or (2) does not even reply. Either way, then you can get whatever you ask the Court.

If he is not challenging it, it would behoove you to have him sign and file a waiver of summons, essentially telling the Court that you can ask for whatever you wish. You can see a sample of this here.

If he simply does not file an answer, then this is also good. Essentially, he would then default, and you can get a DEFAULT JUDGMENT, receiving from the Court whatever you ask for in the divorce.

First of all, one should file the proof of the receipt of the summons with the court and save a copy for one's self.

IF HE FILES THE WAIVER...
Then, wait 30 days after filing, and then, one may call the Court and ask for when the "uncontested" hearing docket is - it is usually a few times a week in the morning. Then, one may show up without even him being there, bring the waiver that he signed (if it has not yet been filed already), and a copy of the proposed DECREE for the divorce. Then, the Judge will review the decree and assuming that no errors are found, will sign it, and then the divorce is complete.

IF HE DOES NOT FILE THE WAIVER...
Then wait until he has defaulted, and then file a Motion for Default Judgment with the Court and set it for a hearing (also making sure it has been 30 days since the divorce has been filed, which my the time of hearing, it should be). On the hearing for the Motion for Default Judgment, one should explain that he did not answer, and then the Court may grant default judgment and sign the (proposed) divorce decree, a copy of which should be submitted to the Court prior to or on the hearing.

Do I file the settlement agreement with only my notarized signature?

Yes.

Do I file my platiff testimony now?

One may. The Testimony of Plaintiff must be filed in either case, before the Court entertains the decree.

Now, with the actual Petition that one would be submitting with the Court, there are a few other documents:

(proposed) Decree;
Standing Pre-Trial Order;
Vital Statistics Form - the clerk should have this;
Separation Agreement;
Affidavit of Residency - if not filed already;
Testimony of Plaintiff - already discussed;
Child Support Guideline Notice of Compliance (CS-43) - if asking for child support;
Child Support Guideline Form (CS-42) - if asking for child support;
Child Support Obligation Income Statement (CS-41) - if asking for child support;
Child Support Information Sheet (form CS-47) - if asking for child support;
Certificates of attendance of the Children Cope with Divorce seminar - check with the clerk if the Court requires you to attend a class for this.

All these should be filed at the time that the Court reviews the proposed Decree before signing it, be it via the course of him waiving summons, or, defaulting.

The issue is that even with this information, the procedural steps may be daunting. Even if you cannot afford counsel, I can recommend three resources. First, here is a list of all pro bono work in the state...

http://www.abanet.org/legalservices/probono/directory/alabama.html

…and another list:

http://www.lawhelp.org

Finally, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:

http://www.hg.org/law-schools-alabama.asp

Good luck!

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups for free after rating. My ultimate goal is your complete satisfaction.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87744
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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