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

One of the biggest problems for couples going through a divorce involving children is the interference of in-laws because of their connection to the children, according to the syndicated advice column Ex-Etiquette for Parents.

Alabama divorce and family law attorneys will be there to help you through every step of the process, which is often painful and emotionally draining for the spouses, children and in-laws.

The column starts with a question from a grandparent "in the middle of" their son's divorce, asking for advice on how to deal with anger toward their ex-daughter-in-law and how to help the son and grandchildren.

The experts suggest that the grandparents be willing to help with the kids if asked, but not to insert themselves in the divorce proceedings. And while support during a divorce is crucial, relatives shouldn't be quick to overstep their bounds in trying to help in such a tough situation.

While relatives often have strong feelings about a divorce, especially in cases where children are involved and can be subject to an awkward family life as a result, counseling may be appropriate, the columnist advise. The columnists suggest that relatives not say anything negative about the divorce to the children because it can affect their views of their parents and the relatives making derogatory statements.

In Alabama, custody and visitation can be tricky to work out. The state has three forms of custody: temporary, legal and physical. Courts prefer joint custody so that both parents are making decisions for their children. In Alabama, children become a ward of the court upon a divorce being filed. Collaborative divorce and divorce mediation allows parents to make decisions about child custody. And like any divorce involving kids, child support and alimony in Alabama may be an issue, so choose your attorney wisely.

But the good news is that a proposed law in Alabama would require equal custody in most divorce cases, as revealed in "Law Would Award Joint Custody in Most Alabama Child Custody Cases."

Grandparents do have rights. In some cases, a grandparent has been a primary caregiver for a child and may also have a say in how custody and visitation arrangements are handled.

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Taking your problems to a court of law may seem like a necessary solution, but it is rarely a simple process without the right kind of help. As a Birmingham divorce lawyer and family law attorney, I’ve assisted many Alabama residents in areas such as child custody, child support and spousal support, or maintenance.

If you live in Montgomery County, Talladega County, Cullman County or any of the dozens of towns and cities throughout the state, you face the same court system that thousands of local people face every year when pursuing justice for themselves and their families. When it comes to divorce and other related marital cases found in family court, the path to a favorable resolution can be fraught with pitfalls and time-consuming hurdles.

Lawsuits in Alabama can take months or even years to make it to court. But if you're pursuing a divorce you can’t wait to have that settlement over and done with. Most everyone I’ve counseled regarding divorce or legal separation has wanted a quick decision from the judge. That decision must include who gets custody of the children, the family vehicle, money held in multiple bank accounts, the couple’s home, a whole range of items.

As a spouse with little or no means, a decision by the court also must address monies for child support and other payments. In short, you cannot wait months or years for your case to inch its way through the state’s court system.

The good news here is that you do not have to wait. When couples become separated, important issues are often resolved via a short hearing before a judge, instead of requiring a full-blown trial. These hearings are usually held in a special court, referred to as family court in most states.

Regardless of the brevity that these sessions typically offer, because they are so quick you must be prepared and know exactly what you want to ask. You may have only a few minutes to state your side.

One helpful tool is the Temporary Order. This can be used by a spouse with little income of her own to help start some kind of support payment in order to feed and shelter the couple’s children. For example, a wife who has been abandoned can go to court to request a temporary order from a judge, even though a formal divorce action has not yet been filed. Her request will be put on a fast track, and a hearing will be scheduled within days or weeks.

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As a Birmingham divorce lawyer, I know that sooner or later some people will need the services of an experienced divorce attorney. One of the reasons folks turn to a legal professional is because of the complex and sometimes labyrinthine structure of our legal system here in Alabama. Regardless of whether a person is getting a divorce in Gadsden or Tuscaloosa, or becoming legally separated in Mobile or Huntsville, there are many areas of the law that only a lawyer can guide you through.

One area that sometimes causes people confusion is the myriad of legal terms they hear or read in agreements, contracts and decrees. To help make things a bit more clear, I have listed below a few of the many important terms and definitions used in the area of divorce law. Because getting a divorce is fraught with new and possibly intimidating terminology, retaining a qualified divorce lawyer and family law attorney is an important first step.

=============== Divorce Terms ================
 

Abandonment
Applied when one married spouse leaves the marital home, in some areas this may be grounds for divorce or may reflect adversely upon the spouse who moves.

Adultery
Sexual intercourse by a married person outside of the marriage, which in some parts of the country may be grounds for divorce or could adversely affect the offender's case.

Affidavit
A sworn written statement usually made under oath or on affirmation before a magistrate or officer (often a notary public).

Alimony
Also called maintenance or support. See Maintenance.

Alimony Pendente
Spousal support to be paid by one marital partner to the other during the pre-trial period of separation.

Contempt of Court
The deliberate failure to comply with the orders or directives of the Court.

Contested
Any issue on which the petitioner and respondent cannot agree, which must then be decided by the court.

Default
Failure to respond in the prescribed manner within a given period of time. The Respondent in a Petition for Dissolution is said to be in default if he or she failed to respond within a set period of time, usually 30 days after the date of service.

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Whether you live in Huntsville, Bessemer, Tuscaloosa or any of the dozens of cities and towns throughout Alabama, picking the right divorce lawyer can make the difference between a painful and costly divorce and a smooth and equitable split. Since nearly 50 percent of all marriages end up in divorce, this it is very important to make the right choices, not only in your future spouse, but also in your divorce and family law attorney.

As an experienced Birmingham attorney well versed in divorce and family law, I have assisted many clients through what can be a harrowing and emotionally difficult time in their lives. If children are involved, then the added pain and hard feelings can compound the situation to the extent that it affects even the couple’s friends and relatives.

Choosing the right attorney can alleviate some of the emotional anguish that inevitably comes from such a legal separation. Having counseled many individuals contemplating and going through divorce, I would like to provide a few key points for finding a good divorce attorney:

1) First and foremost, choose a lawyer who specializes in family law. This goes without saying. A family law attorney should be completed prepared with the correct paperwork and forms necessary to an Alabama divorce action, which also helps to speed things along and save you time and effort.

2) Make a determination as to the gender of your attorney. Some people are more comfortable talking to a lawyer of the same sex as themselves, but you must decide for yourself.

3) Choose an attorney who is knowledgeable about and has handled case in the particular county in which your case will be heard. Having a lawyer who is familiar with the local judges and other attorneys will help you in the long run.

4) Interview your candidate to see if he or she will fight aggressively for you if the going gets nasty, as it often can. You never want to “pick fights” with your soon-to-be-ex spouse, but you do need a lawyer who understands your circumstances and will act always in your best interests.

5) Seek out friends and family members who have been divorced to get their thoughts on what to expect and who helped them the most. Divorce is no cakewalk, but you should be able to find someone in your extended circle of friends who believes that their case was handled well and in a straightforward manner.

6) Never be afraid to switch lawyers if you feel that you are not being represented in the best way. Sometimes there may simply be a clash of personalities, but whatever the reason, you need to feel comfortable with the attorney who is handling you case because it means so much to you and your family.

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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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The differences between mediation and collaborative law can be relatively minor.  Both mediation and collaborative law are alternative dispute resolution techniques that resolve a divorce without involving a court. Here is a link from divorcenet.com detailing the differences, advantages and disadvantages to both.  There is also some good information to aid in determining whether or not you would be a good candidate for the collaborative process.

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