Domestic Relations is a division of Circuit Court in which primarily divorces are filed. Divorces (especially when children are involved) are complex and we strongly recommend you consult with an attorney. By law, no one in the Clerk’s Office can give you legal advice. There are many issued involved, some of which you may not be aware of. An attorney can advise of the laws and requirements regarding your children until the reach the age of majority. If divorce issues are covered completely and correctly in the beginning, it may preclude you from having to re-open your file for future proceedings which involves another filing fee, re-hiring an attorney and possibly going to trial. You can refer to your yellow pages and find attorneys who specialize in domestic relation matters. Our office does not have “fill in the blank” forms for many of the pleadings which are required to be filed. You can go to these websites listed below to locate information on how to file a divorce or locate forms.
- www.uslegalforms.com
- www.alabamalegalhelp.org
- www.alacourt.gov
Uncontested Divorces
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 of your paperwork is in order. If the Judge needs more forms or paperwork to be submitted, you will receive an order letting you know what forms would be required before signing your divorce decree.
Contested Divorces
If your divorce is contested, it will be randomly assigned to a Judge. Once the plaintiff files the paperwork with our office, we will then send it out for service for the defendant to be served. If the defendant lives out of state, you must provide the certified mail and postage for them to be served. The defendant then has 30 days to respond to the complaint for divorce. We do not accept email or faxed copies of any paperwork. All paperwork filed with our office must be the original copies. For any 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. If you do not have an attorney, you will receive all orders and/or notices for court dates through the mail. You must notify the Clerk’s Office in writing of any changes in your address.
Modifications/Contempt Petitions
If you want to modify your divorce decree or if you want to file a contempt petition, there is a filing fee of $400.00. If the other party is to be served by the Lee County Sheriff, there is a $20.00 sheriff fee. Again, we strongly recommend you consult with your attorney. Please refer to the previously listed websites for any paperwork.
Petition for Custody
If you are filing a petition for custody and paternity is to be established, you will need to file it in the child support division. Please refer to the child support section for information. Reasons to file for custody in Domestic Relations are as follows:
- Child support was previously ordered to mother through a paternity case and now, as the legal father, I want custody of the child (NO DEPENDENCY ALLEGED).
- I have executed acknowledgement of paternity (NO DEPENDENCY ALLEGED).
- I need to enroll the child in school (NO DEPENDENCY ALLEGED).
- We are disputing who should have custody of the child (NO DEPENDENCY ALLEGED).
- Parties are in agreement to change custody (for whatever reason) and there is no dependency allegation
Copy of Divorce Decree
If you need a copy of your divorce decree, it is $25.00. You can mail a request along with a $25.00 money order and a self addressed stamped envelop for us to return your certified divorce decree to you. You can also come in our office and request a copy with a money order or cash. CORRECT CHANGE ONLY. Money orders should be payable to Mary B. Roberson.
Fee Chart
Fee Description | Fee at Filing |
Domestic Relations Docket Fee | $297.00 |
Modify/Enforce(contempt) | $400.00 |
Sheriff Fee (Lee County) | $20.00 |
Subpoena Fee | $12.00 |
Garnishment Fee | $30.00 |
Execution | $30.00 |
Motion for judgment, default judgment or summary judgment | $50.00 |
***Service by sheriff outside of Lee County there is no fee
***If service is to be sent by certified mail; send a stamped and addressed envelope with completed certified mail forms (restricted delivery for individuals). Be sure that the Clerk’s address is the return address, to wit:
Lee County Circuit Clerk
Mary B. Roberson
2311 Gateway Drive
Opelika, AL 36801
***YOU MUST AFFIX THE PROPER POSTAGE ONTO THE PREPARED ENVELOPE***
All Forms are available in our office and online at eforms.alacourt.gov.
