Let a Birmingham Divorce Attorney Fight for You
The end of a marriage is always a time of great stress and confusion. When the time comes to call it quits, filing for divorce is the first step toward a new beginning. Divorce is one of the most emotionally and legally complicated processes to experience. From figuring out matters of importance, such as child support or alimony, to dividing assets, divorce is rarely quick and easy. With the help of a Birmingham divorce lawyer, find legal guidance when you need it most.
Is Alabama a No-Fault Divorce State?
There are a few things to know about divorce in Alabama. For starters, there are two types of divorce in Alabama (no-fault and fault-based). A no-fault divorce is allowed when the end of the marriage is a result of one of the following:
- Spouses are incompatible
- Breakdown of marriage
If the divorce is not a result of one of these factors, it will likely be a fault-based divorce. Fault-based divorces result when one party has committed the following:
- Domestic violence
There may be other instances when a fault-based divorce is legally possible, such as one spouse abandoning the marriage for a full year prior to the other spouse filing for divorce. If you are unsure if your divorce is a no-fault or fault-based divorce, speaking with an experienced divorce lawyer is a good starting point. Your lawyer will evaluate the information you provide and help you determine if one party has grounds for a fault-based divorce filing. It is important to keep in mind that one spouse will need to be able to prove the other spouse has committed the fault in order for the case to be successfully filed as fault-based. When trying to prove a fault-based divorce, working with an experienced divorce lawyer will help alleviate the stress of proving your claim on your own.
What is a Contested Divorce?
Another aspect of importance in an Alabama divorce case is whether or not the divorce is a contested divorce or a no-contest divorce. The way things usually work in a divorce is that the couple will come together during mediation or pretrial, wherein they try to come to mutually agreed-upon terms regarding child custody, alimony, and the division of property and assets. If the couple is able to come to an agreement on the terms, they will have what is called a no-contest divorce. In marriages with no children or significant assets, a contested divorce is often quicker than a contested divorce. A contested divorce has the potential to drag on as each spouse fights for what they want in terms of custody or assets. Contested divorces also have the potential to become stressful since tensions are running high in an already emotional time. Bringing in outside counsel from a divorce and family lawyer is one way to make the process smoother and easier to navigate.
Do I Need a Divorce Lawyer?
When ending a marriage, you are likely to have a lot of questions. The legal system is always a bit intimidating, and it can be even more confusing when you are already dealing with something as personal as a divorce. While the state of Alabama does not require you to hire a lawyer in order to file for divorce, it may still be worth considering. In an amicable, no-contest divorce, you may be able to handle the process without legal representation. However, most divorces do not fall under this category. It is also important to consider what you have at stake in a poorly negotiated divorce—higher alimony payments, loss of assets and property, and not receiving the child custody arrangement you want. With so much at stake for most people going through a divorce, it makes sense to seek legal advice from an experienced divorce lawyer.
How Can a Divorce Lawyer Help?
There are a few ways a divorce lawyer may be able to help during this difficult time. For starters, they will act as your counsel and guide while answering your questions along the way. Your divorce lawyer will also act as a mediator between you and your spouse, which helps reduce the type of tensions that make a divorce case turn bitter and drawn out. Aside from keeping things as civil as possible between you and your soon-to-be ex-spouse, your divorce lawyer will also fight for what you think you deserve in terms of custody, alimony, and division of assets. If the divorce is coupled with other areas of the law, such as a divorce wherein one spouse has been sentenced to imprisonment or one spouse was convicted of domestic abuse, a divorce lawyer will be able to help navigate the unique legalities of this type of situation while finalizing the dissolution of the marriage. Whatever the specifics may be surrounding your case, a divorce lawyer will be able to assist you in a variety of ways throughout this stressful process.
Take Legal Action Today
Filing for divorce is always an emotional matter with serious possible legal consequences. With so much at stake, seeking legal help early is always a smart choice. Whether worried about assets, custody, or simply keeping the divorce somewhat civil, divorce lawyers are here to help. You deserve someone willing to fight on your behalf during this difficult time. Please contact us today at 205-881-5641 for a consultation.