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Divorce

An uncontested divorce is a divorce case where the parties have agreed to the terms of the divorce and do not need judicial intervention to settle their case. A contested divorce is a divorce case where the parties have not settled all of the issues in the divorce and need judicial intervention in order to finalize the matter.  Below you will find the minimum forms that are needed to file for a divorce in Talladega County.

Uncontested Divorce - No Children

HS-16, Certificate of Divorce HS-16, Certificate of Divorce

Information Sheet

Petition for Divorce

Answer and Waiver

Affidavit of Testimony

Settlement Agreement (if applicable)

Decree of Divorce

Uncontested Divorce w/ Children

HS-16, Certificate of Divorce

Information Sheet

Petition for Divorce and Custody Affidavit

Answer and Waiver

Affidavit of Testimony

Settlement Agreement

Child Support Guideline Forms (CS-41, CS-42, CS-43)

Decree of Divorce

Income Withholding Order

*If there is only one attorney involved in an uncontested proceeding, a Notice of Non-Represented Party/ Right to Counsel shall be filed.

Contested Divorce - No Children

HS-16, Certificate of Divorce

Information Sheet

Petition for Divorce

Summons (original/two copies)

Contested Divorce w/ Children

HS-16, Certificate of Divorce

Information Sheet

Petition for Divorce

Custody Affidavit

Summons (original/two copies)

When filing a contested Petition for Divorce, you must submit an original and two copies of the Summons and an original and one copy of all pleadings.

When filing for a Temporary Restraining Order, you must submit an Affidavit by the moving party, if the complaint or motion is not yet verified, along with an Attorney Affidavit (rule 65, Alabama Rules of Civil Procedure).

To obtain a copy of a divorce someone can come in person to the Circuit Clerk's office or put a request in writing and mail it to Circuit Clerk, P.O. Box 6137, Talladega, AL 35161. A plain copy is $5.00 and certified copy is $10.00. We do not accept checks so this will need to be cash, cashier's check or money order made payable to Brian York, Circuit Clerk. lf the request is made in writing be sure to include the names of both parties, about what year the divorce was and an address for us to mail the copy back.

HS-16, Certificate of Divorce

The HS-16, Certificate of Divorce, must be the original form provided by the Center for Health Statistics, unless you have been approved by the Center to file your computer-generated form. You may contact the Center for Health Statistics at 334-206-5418 regarding approval of your computer-generated form. If you are approved to use your computer-generated form, your form must be cut to appropriate size. The Clerk's Office will not be responsible for cutting your form.

Compliance with Rule 11, Alabama Rules of Civil Procedure

"Every pleading, motion, or other paper of a party represented by an attorney shall be signed by at least one attorney of record in the attorney's individual name, whose address shall be stated. A party who is not represented by an attorney shall sign the pleading, motion, or other paper, and state the party's address."