Once your uncontested divorce is filed in our office, there is a 30 day waiting period before the Judge can sign your decree. This is if all your paperwork is in order. If your divorce is contested, it will be randomly assigned a judge and set for trial. For questions regarding your divorce, you will need to keep in contact with your attorney. All notices and trial settings will be mailed to your attorney as well as the divorce decree at the conclusion of your case.
Effective January 1, 1994, when any order of Child Support is entered, the Withholding Order payment of Child Support shall be served immediately, unless the parties have reached an alternative agreement and the judge approves such agreement.
Documents Required for Filing a Divorce
Uncontested Divorce Without Children:
- Complaint (Form PS-08)
- Answer & Waiver
- Agreement
- Testimony of Plaintiff (Form PS-09)
- Separation Agreement
- Divorce Decree
- Vital Statistics Certificate of Divorce (We supply)
Uncontested Divorce Case with Children:
- Complaint
- Answer & Waiver
- Agreement
- Testimony of Plaintiff
- Separation Agreement
- Divorce Decree
- Child Support Information Sheet (Form CS-47)
- Vital Statistics Certificate of Divorce (We supply)
Parties Who Have Minor Children, the Following Is Required:
Child Support Obligation Income Statement/Affidavit (both parties) CS-41
- Child Support Guideline Form (form CS-42)
- Child Support Guideline Notice of Compliance (form CS-43)
Order/Notice to Withhold Income for Child Support
Effective January 1, 1994, when any order of Child Support is entered, the Withholding Order payment of Child Support shall be served 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 of Child Support is served immediately:
- Withholding Order (CS-1)
- Notice to Defendant (CS-33)
- Answer to Order of Withholding (CS-35)
Fee Chart
| Domestic Relations - Original filing |
$265.50 |
| Modify/Enforce (contempt) |
$368.50 |
| Service by Sheriff |
$10.00 (per defendant) |
| Subpoena |
$12.00 |
| Attachment |
$30.00 |
| Garnishment |
$30.00 |
| Execution |
$30.00 |
| Motion for judgment, default judgment or summary judgment |
$50.00 |
| Income withholding order |
$28.00 |
| Withholding termination fee |
$28.00 |
CERTIFIED MAIL - When requesting service wherein the address provided is a post office box, or is out of state, the papers may be served by certified mail. You should prepare an envelope, green card, and green and white sticker. Be sure that the Clerk's address is the return address, to-wit: CIRCUIT CLERK, P.O. Box 681149, Fort Payne, Alabama 35986. You must affix the proper postage onto the prepared envelope. For current certified mail fees, please visit www.usps.com.
Dekalb County Circuit Clerk’s Office
P.O. Box 681149
Fort Payne, Alabama 35986
(256) 845-8525