Our Birmingham Divorce Attorneys at The Hazzard Law Firm, LLC are Ready to Fight for You and Your Interests
The end of a marriage is often 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 can be an emotionally and legally complicated process. From figuring out various family law matters of importance, such as child support payments or alimony, to dividing assets, divorce is rarely quick and easy. Fortunately, our Birmingham divorce lawyers at The Hazzard Law Firm, LLC can guide you through the complex legal processes of Alabama Divorce Law and help you avoid pitfalls as you pursue your new future.
Call us at (205) 521-7378(205) 521-7378 or complete our confidential online form to schedule your consultation that includes a free case evaluation with our case evaluator in Birmingham. We will build a tailored strategy to defend your rights and pursue interests throughout the steps of either a contested divorce or an uncontested divorce in Birmingham, Alabama. We are ready to fight for you.
Key Takeaways
- The divorce attorneys at The Hazzard Law Firm, LLC protect the rights of individuals and families in the face of the many challenges a divorce presents in Birmingham, Alabama
- Alabama follows both fault-based and no-fault rules for divorce, depending on the facts of a given divorce case
- Divorces in Birmingham, Alabama can be categorized as contested divorce or uncontested divorce, depending on whether both parties agree to divorce settlement terms at the outset
- Contested divorces vary in complexity depending on various factors in family law cases, such as alimony, child support, custody, and property division
- Divorce cases involving high conflict or narcissistic tendencies by one or both parties can lead to many challenges, underscoring the importance of working with a skilled divorce attorney ready to fight for your interests and pursue fair settlement terms
- The case evaluator at The Hazzard Law Firm, LLC in Birmingham, Alabama conducts a free case evaluation for individuals who schedule a consultation
Types of Divorce Cases We Handle in Birmingham, Alabama
Our Birmingham divorce attorneys at The Hazzard Law Firm, LLC are ready to fight for your legal rights and best interests throughout the divorce process. The experienced legal team at our law office handles divorce matters involving each of the following types of cases with personal attention and tailored strategies:
- Uncontested Divorce
- Contested Divorce
- High-Conflict Divorce
- Narcissist Divorce
- High-Asset Divorce
- Collaborative Divorce
The facts of the case, the level of agreement on settlement terms, and the traits of the parties involved heavily affect the trajectory of a divorce case. Our skilled family law attorneys at The Hazzard Law Firm, LLC can review the details of your divorce case to protect your rights and interests, and the future of your family. Request a free case evaluation by scheduling a consultation.
Is Alabama a No-Fault Divorce State?
There are a few things you need to know about divorce in Alabama. First, there are two types of divorce in Alabama (no-fault grounds and fault-based grounds). A no-fault divorce is allowed when the end of the marriage is a due to one of the following grounds:
- Spouses are incompatible
- Irretrievable breakdown of marriage
If the divorce is not due to one of these factors, it will likely be a fault-based divorce. Fault-based divorces can occur when one party has committed one or more of the following grounds for fault-based divorce in Alabama:
- Domestic violence
- Adultery
- Addiction
- Insanity (confined in a mental hospital for five successive years)
- Imprisonment (for two years with a sentence of seven years or longer)
- Unknown pregnancy (wife pregnant at marriage without husband’s knowledge)
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 whether your divorce is a no-fault or fault-based divorce, speaking with an experienced divorce lawyer is a good starting point. Your attorney will evaluate the information you provide and help you determine if one party has grounds for a fault-based divorce filing under Alabama law.
Keep in mind that one spouse must be able to prove the other spouse has committed the fault to file the case 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 (uncontested 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 can 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, an uncontested divorce is often quicker than a contested divorce.
Unfortunately, many divorcing couples in Birmingham, Alabama do not initially agree on the terms of a divorce settlement, often removing uncontested divorce as an option. A contested divorce has the potential to drag on for months or years as each spouse fights for what they want in terms of custody or assets.
Contested divorces can become stressful since tensions are running high in an already emotional time. Our Birmingham divorce lawyers at The Hazzard Law Firm, LLC are here to help you throughout this process in the Birmingham area and throughout Jefferson County, Alabama. The counsel of a divorce attorney from our Birmingham family law firm is one way to make this a smoother process that will be easier for you to work through.
Do I Need a Divorce Lawyer?
When ending a marriage, you are likely to have many 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. The state of Alabama does not require you to hire an attorney to file for divorce, but most divorces are not amicable, no-contest divorces; therefore, you may not be able to handle the process without legal representation.
Consider what you have at stake in a poorly negotiated divorce—higher alimony payments, loss of assets and property, and the risk of a child custody arrangement that does not fit your needs or preferences. With so much at stake for people going through a divorce, it makes sense to seek legal advice from an experienced divorce attorney.
Our Birmingham divorce lawyers at The Hazzard Law Firm, LLC address various family law matters that intersect with Divorce Law in Alabama. Depending on the details of your case that we can assess during your free case evaluation, our family law practice is here to help you through each of these challenging stages or concerns:
- Initial Consultation and Legal Advice: Our divorce attorneys explain Alabama’s divorce laws, including grounds for divorce and legal rights. We help our clients understand their options and develop a strategy tailored to their specific situation and goals.
- Filing and Responding to Divorce Petitions: Our lawyers prepare and file the necessary legal documents to initiate or respond to a divorce. We work to make our clients’ divorce paperwork compliant with Alabama’s legal requirements.
- Property Division: Our family law attorneys assist in identifying and valuing marital assets and debts. We advocate for equitable distribution under Alabama’s property division laws.
- Child Custody and Visitation: Our lawyers at The Hazzard Law Firm, LLC help clients negotiate parenting plans that allocate parenting time while prioritizing the child’s best interests. We also represent clients in court if custody disputes arise.
- Child Support: Our Birmingham divorce attorneys calculate child support based on Alabama’s guidelines and advocate for fair arrangements. We address modifications if financial circumstances change.
- Spousal Support (Alimony): Our attorneys evaluate whether spousal support is appropriate and advocate for fair terms. We handle modifications or enforcement of alimony orders.
- Mediation and Negotiation: Our family law attorneys facilitate discussions to resolve disputes without going to court. We work to reduce conflict and reach agreements efficiently.
- Representation in Court: Our family lawyers represent clients in hearings and trials, presenting evidence and arguments to protect their interests. We often handle contested divorces and complex cases involving significant assets or disputes.
- Emotional Support and Guidance: Our Birmingham divorce lawyers provide a steady presence and help clients through the emotional challenges of divorce. We connect clients with resources, such as counselors or financial advisors, to support their well-being.
- Post-Divorce Modifications: Our lawyers assist with changes to custody, support, or visitation orders when circumstances evolve. They address enforcement issues if one party fails to comply with court orders.
- Protecting Against Domestic Violence: Our family law attorneys help clients seek protective orders if domestic violence is a concern. We take steps to maintain safety measures for our clients during and after the divorce.
- Long-Term Planning: Divorce can have significant impacts on estate planning, such as the need to update wills or trusts in order to reflect changes after a divorce. We help our clients plan for financial stability and future needs.
How Can a Divorce Lawyer Help?
There are several ways a divorce lawyer at The Hazzard Law Firm, LLC can help you during this difficult time:
- Providing Information and Guidance: We will act as your counsel and guide while answering your family law questions along the way.
- Handling Divorce Communications on Your Behalf: 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.
- Fighting for Your Interests: Aside from helping to keep things civil between you and your soon-to-be ex-spouse, your divorce lawyer will also fight for what you need in terms of custody, spousal support, and division of assets.
- Handling Legal Complexities: 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 you through the unique legalities of this type of situation while finalizing the dissolution of the marriage.
Whatever the specifics may be surrounding your family law case, our Alabama divorce lawyers can assist you in various ways throughout this stressful divorce process.
Steps in The Contested Divorce Process in Birmingham, Alabama
A Birmingham divorce attorney at The Hazzard Law Firm, LLC can provide legal counsel, guidance, and emotional support throughout the entire process while handling legal matters in a contested divorce case in Birmingham, AL:
- Filing the Divorce Complaint: The process begins when one spouse (the plaintiff) files a complaint with the court, outlining the grounds for divorce and initial requests for relief (e.g., child custody, spousal support). Our attorneys properly draft and file the complaint, setting the stage for the case.
- Service of Process: The plaintiff serves the complaint to the other spouse (the defendant), formally notifying them of the proceedings. Our lawyers handle this step to avoid delays or errors that could impact the case.
- Response and Counterclaims: The defendant has a set time to respond and may file counterclaims. Our attorneys help clients craft strong responses and address any counterclaims.
- Discovery Phase: During the discovery process, both parties exchange information about assets, debts, and other relevant matters through interrogatories, document requests, and depositions. Our attorneys manage discovery to uncover hidden assets and build a comprehensive case.
- Temporary Orders: Courts may issue temporary orders for custody, support, or property use while the divorce is pending. We advocate for fair temporary arrangements to protect our clients’ interests.
- Mediation and Negotiation: Before trial, parties often attempt to resolve disputes through mediation or settlement discussions. Our family law attorneys negotiate on behalf of clients, seeking to reach agreements that avoid the need for trial.
- Trial Preparation: If the parties do not agree to a settlement during negotiations or mediation, the case proceeds to trial. Our experienced trial attorneys at The Hazzard Law Firm, LLC prepare evidence, witnesses, and arguments to present in court while maintaining compliance with procedural rules and deadlines.
- Trial: Both parties present their cases, and the judge decides on unresolved issues like child custody, support, and property division. Our trial lawyers at The Hazzard Law Firm, LLC advocate for clients’ positions and protect their rights during this stage.
- Final Judgment: The judge issues a final divorce decree, resolving each of the contested matters. The final judgment can occur no sooner than 30 days after the initial filing. Our lawyers review the judgment in relation to the preferred settlement terms, and we guide our clients on the next steps.
- Post-Divorce Modifications: We assist with modifications to custody, support, or other orders if circumstances change after the divorce.
Our Birmingham family law attorneys at The Hazzard Law Firm, LLC are ready to fight for you and guide you through each step of your Alabama divorce. We are prepared to assess your case during a free case evaluation.
Take Legal Action Today and Schedule Your Consultation with The Hazzard Law Firm, LLC in Birmingham, Alabama
Filing for divorce in Birmingham, Alabama is a life-changing and emotional matter with potential for serious legal consequences. With so much at stake, seeking experienced representation early is the wise choice. You need someone willing and prepared to fight on your behalf during this difficult time.
Whether you are worried about assets, child custody, or simply keeping the divorce somewhat civil, our Birmingham, Alabama divorce lawyers at The Hazzard Law Firm, LLC are here to help. We are ready to fight for you.
Contact The Hazzard Law Firm, LLC at (205) 521-7378(205) 521-7378 or complete our confidential contact form to schedule your consultation, which includes a free case evaluation.
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