Auburn Alabama Divorce Attorneys
While divorce is the last thing that couples are thinking about at the time they say “I do,” divorce is one of the most common reasons for people to get involved in the family court system and seek legal representation. Indeed, while marriages can be entered into in Alabama simply by paying a small marriage license fee, the process of dissolving a marriage is much more legally intensive.
At the law offices of Haygood, Cleveland, Pierce & Thompson, LLP, we know that divorce is something you haven’t planned for. If you find yourself thinking about divorce, ready to pursue divorce, or if you have recently been served a petition for divorce, our experienced Alabama divorce lawyers are here to help you understand Alabama divorce laws and your options, as well as how to secure the best outcome for your divorce case.
Preparing For Divorce
Helping You With Complex Issues During Your Divorce
For the vast majority of couples who choose to dissolve their marriages in Alabama, the process is not as simple as merely parting ways; instead, there are various issues in a divorce that must be resolved before the divorce will be complete. These include:
- Division of property. During the course of a marriage, all property that is acquired by either spouse becomes marital property, even if it is bought in the name of just one of the parties. Further, all marital property is subject to division that is equitable at the time of a marriage’s end, but not necessarily equal. Understanding the difference, and what type of property you may be able to keep, as well as how to negotiate a fair property division settlement can be complex. Our lawyers represent you every step of the way, and can even litigate on your behalf should it come to that.
- Spousal maintenance/support. Another common issue in a divorce is spousal support, also called spousal maintenance or alimony. This type of support is paid by one party to the other in order to provide financial assistance needed following the separation and dissolution of marriage. Spousal support is appropriate when one party to the marriage is financially dependent upon the other. When deciding whether or not spousal support is appropriate, and if so, how much the award will be, the court will consider a number of factors – some of which are, how long the couple has been married, the standard of living established during the course of the marriage, the age and condition of each spouse, each spouse’s contributions to the marriage and other party, and more.
- Child custody and child support. More than any other issue in a divorce, who will have custody of a child or children is probably the most emotionally charged. Indeed, even when parents are ready to say goodbye to one another and end their marriage, neither is typically prepared for the effect that the dissolution of marriage may have on their child/children.
Parents are highly encouraged to create a child custody arrangement by working together to form a parenting plan that can be submitted to a court. If parents are unable to work together to do this, the issue of custody of a child will be decided by the court, which will make the determination based on the child’s best interests. In regards to child support, both parents have a duty to provide for their child financially. When parents are not living together, the non-custodial party will be ordered by the court to make child support payments on a recurring basis.
Filing for Divorce in Alabama
In addition to the issues above, which will need to be resolved before a divorce can be finalized, it is important that a party seeking a divorce understand things like grounds for divorce and filing requirements in Alabama.
The state of Alabama recognizes both fault and no-fault grounds for divorce. No-fault grounds include:
- Incompatibility; and
- Irretrievable breakdown of the marriage.
While most couples pursue a divorce on no-fault grounds, it is possible to file for divorce on fault grounds as well. These grounds are found in Alabama Code Section 30-2-1, and include adultery, voluntary abandonment, imprisonment, habitual drunkenness, insanity, domestic violence, and situations in which the woman in a marriage was pregnant at the time of the marriage and she failed to inform her husband.
In addition to establishing grounds for divorce, you must also meet residency requirements in order to be able to file for divorce. You will need to be a resident of Alabama for at least six months before filing your divorce complaint.
Reaching Agreement on Issues in Divorce
If you and your spouse have decided to separate, a breakdown in communication may be a major issue in your relationship, which can make reaching an agreement on the issues listed above very difficult. That being said, working with your spouse to negotiate a divorce settlement out of court is strongly recommended. Settling your divorce out of court is ideal, as this can be a more amicable and less stressful process, and saves time and money. What’s more, if your case goes to court, a court will be responsible for determining issues, and you will have little say in what the court’s decision is.
The compassionate Alabama family law attorneys at the law offices of Haygood, Cleveland, Pierce & Thompson, LLP, can represent you in negotiations with your spouse, and help you to create a divorce settlement that works for both of you. Should compromise be impossible, our experienced family law and divorce attorneys can also represent you in the courtroom.
Contact the Compassionate and Experienced Divorce Attorneys at Haygood, Cleveland, Pierce & Thompson Today
The attorneys of the law offices of Haygood, Cleveland, Pierce & Thompson, LLP, have been litigating divorce cases for decades. For help from a trusted, highly skilled legal professional when filing for divorce, contact the law offices of Haygood, Cleveland, Pierce & Thompson, LLP today at (334) 821-3892, or send us a message online. We provide client-focused, personalized legal services.
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