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My wife and I have been seperated for 2 years. Neither of us can afford a divorce. We live in different states and haven’t spoken in 2 years. No kids or property involved. Any suggestions?
Asked on June 15, 2009 under Family Law, Alabama
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I assume that you can at least afford the filing fee with the court. If so you can file for divorce on your own. For about $50.00 you can buy a do-it-yourself kit online. You can also go to the appropriate courthouse and pick up these forms for free. Additionally, legal aid might be able to help you with your filing or if you live buy a law school try the free legal clinic.
This sounds as though it will be an "uncontested" divorce. In an uncontested divorce, the spouses agree on everything and do not need the court to divide assets or make determinations about spousal or child support or custody. In general, an uncontested divorce will proceed through the system more quickly, be much less complicated, and less of a financial burden.
As for grounds many states, Alabama among them, now permit "no-fault" divorces. A no-fault divorce is one in which neither spouse blames the other for the breakdown of the marriage. Both spouses agree that "irreconcilable differences" have arisen, and that neither time nor counseling will save the marriage; it simply will not work.
Again, this seems like an ideal situation wherein you can handle the divorce yourself. Just note, since your spouse resides out-of-state just make sure to follow all of the rules on appropriate service of process to a non-resident.