When someone is faced with the difficult situation of Divorce, Custody or Child Support problems, an understanding and aggressive lawyer is important. Oftentimes our clients have a few basic questions that they need answered to know which direction they need to go. We have compiled a short list of information which may help you know what you need to do in your case. Remember that you can always schedule a free consultation on these issues by calling us today at (256) 259-3929.
- What are the different types of divorce?
There are two types of divorce in Alabama, uncontested and contested.
- What is an uncontested divorce?
An uncontested divorce is a divorce wherein the parties have reached an agreement to settle on all issues. When our client and their spouse have reached such an agreement and settled all the issues of the end of their marriage, we can perform an uncontested divorce. This type of divorce is much faster and easier than a contested divorce. We can usually have the paperwork ready to be signed and filed within a few days.
- What is a contested divorce?
A contested divorce is a divorce wherein a settlement agreement cannot be reached between the parties. In order to undertake a contested divorce we draft a summons and complaint for our client and file it with the office of the Circuit Clerk. A copy of the complaint will be served upon the spouse and they will have 30 days to file answer. If a contested divorce is not settled a Circuit Judge will eventually hear the case and decide the issues after a trial. Contested divorces may take much longer than uncontested divorces, but do not always result in a trial.
- Does “common law marriage” exist?
Yes. Common law marriages still exist in Alabama. There are many myths about what creates a common law marriage and whether or not such a marriage requires a divorce. If you believe you may be in such a marriage and in need of a divorce, please contact us for further evaluation of your individual case. You may have important legal rights which we can protect.
- How much child support will I pay/receive?
Child support amounts in Alabama are based upon guidelines. Using a set list of factors including wages of each parent, health insurance cost, and child care costs child support obligations are calculated within the guidelines. If you are involved in a situation in which child support is an issue, let us evaluate your case and provide more information.
- Does a father ever have a chance to obtain custody?
The short answer to this question is yes. However, each case is different and many variations can affect your chance at getting custody of your child regardless of your gender. An in-office consultation is the best way for us to evaluate your case.
- What if I am a victim of spousal abuse?
If you are a victim of domestic violence in your marriage, we can assist you. There are legal processes which can be undertaken before a divorce to obtain a restraining order known as a Protection Order or PFA. If you are in immediate danger or fear of abuse, you should always contact the police first.
- Does joint custody exist?
Yes. Joint custody can mean many different things, so it is important to obtain the advice of a lawyer on this subject. Whether you are considering “joint legal custody” or “joint physical custody”, there are legal rights that may be at stake.