The decision to get a divorce is one of the most stressful situations a person can go through. Most people just want someone to listen to them and offer good advice. Sometimes issues can be worked out through marriage counseling, prayer, mediation, or other means. Other times, there is no other option but to end the marriage.
Where there seems to be no other option but to divorce, it is important to hire a competent attorney to help represent your interests. This is true whether the divorce is contested or uncontested.
There are two types of divorce. One is contested, the other is uncontested. In an uncontested divorce, both parties agree on the terms of separation. Because there is no property or custodial disputes, the process is cheaper, faster, and easier. An experienced lawyer can draft the necessary paperwork, including a comprehensive agreement in order to get the divorce completed correctly the first time. In a contested divorce, neither party can come to an agreement about the terms of marriage dissolution. Maybe both parties can’t agree on custody, who gets the home, retirement accounts, etc. In such a situation, a competent attorney needs to be consulted to protect your rights.
Maybe you’re already divorced but would like to modify the terms of the divorce order or agreement. A person may want to modify a divorce due to child support issues, emergency circumstances, or an myriad of other reasons. To learn whether or not you have a viable modification option, contact me today.
Alabama Residency Requirements
The divorce petition may be filed in the county’s circuit court where the respondent lives or in the county where the couple lived when the separation happened. If the respondent doesn’t live in Alabama, the petitioner must have been a resident of the state six months before filing the divorce petition.
The parties must wait 30 days after filing the divorce petition before the Alabama divorce court will issue a final order of divorce. If an appeal is made within the 60 days, the parties are only allowed to remarry each other during the pending appeal.
What about Legal Separation?
Legal separation is an alternative to divorce that won’t terminate the marriage. Before filing for divorce, a couple may choose to try legal separation as a way for the couple to experience how divorce would feel or even to fix the marriage. The terms of legal separation can only be modified or dissolved if the divorce court approves a written agreement between the couple.
What is Equitable Distribution?
Alabama is an equitable distribution state, this means that the Alabama divorce court makes property distribution decisions by what the court considers as fair, not necessarily equal.
Depending on the circumstances of your divorce, some benefits and property may not be included in Alabama property. When the Alabama divorce court makes property distributions it considers key factors, such as the type of property and length of the marriage.
May I get temporary Alimony?
Under state divorce laws the Alabama divorce court can order an alimony award while the divorce is pending until the final divorce decree, known as temporary alimony.
If the Alabama grounds for divorce were based on one spouse’s misconduct, the Alabama divorce court may take the misconduct into consideration when awarding alimony.
While Alimony isn’t as prevalent as it once was, it may still be awarded in certain circumstances.
Custody
Generally, Courts like to give joint child custody so the child can continue to have frequent contact and a lasting relationship with both parents. This is generally in the best interest of the child. However, in some situations this is not possible.
There are two types of custody: Physical and Legal. These can be split or sole physical can be awarded to one parent. The Court generally looks to the “best interest of the child” standard. This means that the judge looks at the totality of the circumstances and makes a decision based on what he/she believes to be best for the child. As such, there is no hard and fast rule about how these things work. Things the Court may look at are the child’s location, school status, financial abilities of both parties, etc.
Custody issues can be very complex and an experienced attorney can help persuade the Court that it is in the best interest of your child to be in your custody.