Alabama Divorce & Family Law Attorney Blog : Birmingham Divorce Lawyer & Attorney : Eversole Law Firm : Serving Birmingham, Montgomery, Mobile Alabama

Here in Alabama, as elsewhere across the country, divorce is a serious step for any married person. From a personal point of view, separation or divorce is a truly emotional event. From a legal standpoint the process of divorce is fairly well defined, although the steps toward the final divorce decree will vary due to individual circumstances.

As a Birmingham divorce lawyer and family law attorney, I tell my clients to try to remain as cool and collected as possible. While emotions can run quite high, this is a legal process and you will benefit from keeping your feelings in check as much as possible as you follow the advice of your attorney. The following is the first of a two-part discussion on the process of divorcing in Alabama.

As previously mentioned, very few divorces follow the exact same steps, but whichever direction your particular situation takes you, it is always wise to seek professional help as early as possible. A qualified divorce attorney can guide you along the way. Other professionals who can be of great assistance in these trying times include therapists and financial advisors.

Your most important resource will be your attorney, which makes choosing one a critical process in itself. First and foremost, you need to learn about your legal rights as they pertain to an Alabama divorce. A lawyer well versed in this state’s divorce and family law is your best choice and he or she will be able to clearly explain the details regarding separation, spousal support and alimony, child custody and visitation, as well as guardianship, child support and future division of assets.

The first step is financial. Here you must gather all of your financial documents. Be sure to make a copy of all paperwork that you have collected and present this information to your attorney. At this point, you will be able to learn what the financial impact of a separation will have on you and your children, if any. It is important to understand that while some couples have the means to physically separate, other unfortunately cannot, which may mean taking up residence in different parts of the same house.

An essential part of the financial evaluation is making the determination of which debts were incurred before the separation, as well as after. This should include any shared bills paid and improvements, if any, made to common property during the separation. You should also use this time to update your insurance coverage if any of those improvements added value to your property.

At this point you should decide whether or not you and your spouse will be filing your taxes jointly, or separately. Next time, I’ll talk about the other steps leading to a divorce or legal separation.
 

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Having handled all manner of adoptions in Birmingham, Montgomery and other Alabama cities and towns, my experience in this area is rather extensive. As an Alabama lawyer with a successful family law practice, I am always pleased to assist in the joyous occasion of a family adoption. Whether you are going to be new parents, or if you already have children and are adding to your brood, I can offer my own personal and professional insights into this specific area of the law.

As with every adoption, there will always be a large amount of paperwork. An attorney can help make all those forms -- whether it is for a domestic or international adoption -- much more manageable and understandable. One of the more common adoptions is the stepparent adoption.

Stepparent Adoptions
This kind of adoption usually involves one spouse adopting the child of the other spouse. Many times, a parent of a “blended family” must adopt a stepchild in order to provide insurance coverage under his or her employer’s or other medical insurance plans. With this kind of adoption, the expenses incurred during this process can provide tax advantages.

A stepparent adoption can also be brought about so as to provide a legal parent for a child whose biological parent is no longer a part of the child's life, such as if the biological parent has abandoned the child or died. In either case, from the child’s standpoint, a stepparent adoption sends a strong message that the young person will be loved and wanted. This is a lifelong commitment that demonstrates that the family is completely united, not to mention that the child’s needs and care will always be provided for.

If your pending adoption is domestic or international, employing a family law attorney can help you avoid the pitfalls that sometimes catch parents unaware. Occasionally, when a couple is just about to become the parents of an adopted child, a problem with the paperwork, the Court, or the biological mother can throw a monkey wrench into the works. Having an attorney on hand from the very start will mean that you will be in the best possible position to try and make things work out for the best.

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Prior to 1991, Alabama did not have what one could call a modern adoption code, but since then Birmingham families, as well as couples all across this state, have had an easier time when adopting a child. Thanks to a much revised adoption code developed nearly 20 years ago, the process is no longer fraught with questions and legal black holes.

Many couples have walked through my door, anxious about adopting a child. As a Birmingham family law attorney, I can assure them that the process is typically very safe and extremely transparent.  In fact, because the Alabama State Legislature consulted the local adoption community when crafting the new code back in 1991, Alabama’s adoption law actually became a model over the years as other states moved to revise their old laws. Being a family law attorney in Alabama allows me to help people all across our state with adoptions and child custody cases.

In regard to adoptions, the following explains why Alabama’s current adoption law works so well for couples:

1) It clearly defines how much time the birth parents have to change their minds -- specifically, five days following either the birth of the child in question or the signing of relinquishments. This simple stipulation protects the birth parents since it provides a clear window of five days in which they can withdraw from the adoption. Meanwhile, it protects the adoptive family once that five-day window has finally closed.

Furthermore, the birth parents are given the choice of when they want that five-day countdown to commence. Also, a birth parent can choose to sign their relinquishment papers even before the child is born, or anytime following the birth of the child. If the latter route is taken, they receive the same five-day right of withdrawal.

In cases where the birth father is unknown or cannot be located, he is given a thirty-day period following the child's birth to step forward and claim paternity. At the end of thirty days, the court considers that he has given consent to the adoption, and his rights are then terminated.

2) The law deals strictly with the passing of money between those parties involved in the adoption. Heavy penalties are levied against individuals, including birth parents, attorneys, agencies, and prospective adoptive parents, who do not follow the financial guidelines set by the code. All fees must be submitted to the court for approval. These fees must be reasonable and directly related to the specific expenses of the adoption in question.

Because Alabama's adoption code is so concise, it is rare that couples ever experience the adoption tragedies commonly heard of in other states.
 

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The Alabama divorce and family law attorneys and lawyers of Eversole Law offer legal services in Alabama divorce, alimony, child custody, child visitation, prenuptial and post-nuptial agreements, grandparents rights, adoption, and other Alabama family law matters. I founded my Alabama divorce and family law practice to ensure every Alabama family has access to affordable and qualified Alabama divorce and family lawyers and attorneys.  I will personally walk your family through the difficult process of an Alabama divorce proceeding and make sure your interests are protected in child custody, alimony or visitation proceedings and orders.  As an Alabama divorce lawyer I represent clients in Birmingham and throughout the state of Alabama, and I guarantee top notch service and quality legal professionalism.  When you chose an Alabama divorce lawyer or attorney from Eversole Law you are choosing personalized 24/7 service in a family like environment.  We take care of our clients in every way. 

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My Alabama divorce and family law office is centrally located in Birmingham, Alabama so that we can offer our Alabama divorce, child custody and visitation, alimony, child support, adoption, prenuptial agreements, and other family law matters practice throughout the entire state of Alabama.  I represent clients in every court in Alabama including, but not limited to the following courts and jurisdictions:

In the Birmingham, Alabama Metro area I routinely try divorce and family law cases in the following cities and counties:

Jefferson County, Adamsville, Argo, Birmingham, Bessemer, Branchville, Fairfield, Fultondale, Gardendale, Homewood, Hoover, Hueytown, Irondale, Kimberly, Leeds, Morris, Mountain Brook, Odenville, Springville, Trussville, Vestavia, Warrior 

In the Shelby County, Alabama the lawyers and attorneys of Eversole law work in the following cities and courts:

Shelby County , Alabaster,  Columbiana, Harpersville, Hoover, Vincent, Pelham, Calera

Other areas of Alabama the lawyers of Eversole Law represent clients include:

Tuscaloosa, Northport, Chilton County, Jemison, Thorsby, Altoona, Talladega County, Jefferson County, Walker County, Madison County, Cullman, Hunstville, Decatur, Florence, Guntersville, Scottsboro, Montgomery, Pelham, Gadsden, Anniston, and all other counties and municipalities in Alabama.   

***This list is not exhaustive, my office will represent divorce and family law clients across the entire state of Alabama. 

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Please check out my firm's website.  My Alabama Divorce Law firm focuses our practice on divorce, child custody, child visitation, alimony and support, property division, asset protection, family law and more.  We cross the state of Alabama and regularly handle divorce and family law cases in Birmingham, Mountain Brook, Vestavia Hills, Hoover, Pelham, Leeds, Moody, Pell City, Trussville, Huntsville, Montgomery, Mobile, Tuscaloosa, Fultondale, Irondale, Homewood; and in counties like Jefferson County, St. Clair County, Madison County, Tuscaloosa County, Shelby County, Mobile County, Walker County, Jackson County, Marshall County, Limestone County, Chilton County, Bibb County, Talladega County, Montgomery County, Etowah County, Mobile County, Cullman County, Baldwin County, Winston County, Dekalb County and Cherokee County, etc. 

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A Montgomery, Alabama client called today seeking to rescind the adoption she consented to shortly after giving birth. Her baby is at an adoption agency in Birmingham, Alabama and she desperately wants him back.  This is a complicated case because the girl is a minor, and her mother pressured her into putting the infant up for adoption while she was still in the hospital, under doctors care, and on prescribed medications.  She finally relented to her mother's pressure and gave the baby to an adoption agency here in Birmingham.  Thankfully, the minor realized she made a mistake quickly enough ,and we should be able to get her baby back.  Alabama Code Section 26-10A-13 and 26-10A-14 governs the withdrawal of consent to an adoption.  In Alabama, once you consent to place your baby up for adoption, that consent cannot be withdrawn except in the following circumstances: 

• consent may be withdrawn at any time within five days of birth, or within five days of signing the consent forms; 
• consent may be withdrawn within fourteen days if reasonable under the circumstances and in the best interests of the child;
• or if the consent was obtained by fraud or duress. 

In my Birmingham case, the girl rescinded her consent within the statutory time period ,and there is a good argument to be made that she consented under duress giving the circumstances in which she consented to the adoption.   

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