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

The rules regarding divorce or custody proceedings involving military personnel are different than those affecting civilians.  The Soldiers' and Sailors' Civil Relief Act is just one way that military personnel can benefit from these different rules.  The most important aspect of the Act is the availability to stay any civil proceeding, whether it be child custody or visitation, divorce, or child support proceeding confronting the service member or their dependents. 

The Act, signed into law on Dec. 19, 2003 by President Bush expanded service member's protections and rights to include not only temporary suspension of judicial proceedings but also temporary suspension of administrative proceedings and transactions as well.  The Act provides these protections to members on active duty in all branches of the armed services as well as members of the National Guard called to active duty for over 30 days. 

If a service member receives a default divorce judgment for example, the court shall reopen the Judgment to allow the service member to defend if: 1. the military member was affected due to military service in asserting his defense and 2. the application to reopen is filed within 90 days after the end of military service. 

**The military have special rights and obligations pertaining to divorce and family law matters.  I strongly advise all military personnel to speak with an experienced attorney or lawyer who understands the substantial differences in military divorce and family law. 

• Email This
• Print
• Comments
• Trackbacks

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. 

• Email This
• Print
• Comments (3)
• Trackbacks

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. 

• Email This
• Print
• Comments
• Trackbacks

As an Alabama divorce and family law attorney and lawyer I help people every day with serious Alabama family law and divorce issues.  Stationed centrally in Birmingham, Alabama my office routinely represents clients throughout the great state of Alabama.  We help clients through divorce,  with child custody and visitation rights, alimony, grandparents rights, child support modifications, adoptions, post divorce proceedings, contempt of court hearings, and with all things Alabama family law and divorce related.  Seldom do things turn out as perfectly for a client as they turned out today.  After getting Client X everything, and I mean, everything she asked for in her post divorce child custody and support proceedings, she had this to say about my services:

"You are great, I am so relieved and excited.  You were well worth every penny and then some.  I can't wait to tell my friends about you.  You truly cared about me and my family.  I cannot thank you enough.  Your service, price and expertise were outstanding!  I still cannot believe you were able to secure everything I asked for in the proceedings.   You are a godsend.  Thank you, thank you,  thank you." 

I am an Alabama divorce lawyer and attorney because of people like this wonderful lady.  She did nothing wrong and her husband was trying to forcibly obtain custody of her teenage daughter.  It was an underhanded move and he got what he deserved, nothing.....except some large legal fees. Ha!  This case, and these results, seeing how happy Client X was after hearing the good news, is why I became an Alabama divorce and family law lawyer and attorney.  I cannot think of another job that would allow me to have such a huge impact on the lives of people and their families.  I only hope I can continue to provide such excellent service. 

• Email This
• Print
• Comments
• Trackbacks

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. 

• Email This
• Print
• Comments
• Trackbacks

Grandparents have the right to visit their grandchildren in Alabama.  Any grandparent may file an action to enforce their grandparents visitation rights if the grandparents visitation is in the best interest of the child and one of the following conditions are met:

• One or both parents of the grandchild have died
• The parents of the grandchild have divorced
• A parent of the grandchild has abandoned the child
• The grandchild was born outside a marriage
• If the parents of the grandchild are still married and living together but one or both of the parents are using their authority to prevent a grandparents relationship with their grandchild.

The courts will look to see if a grandparents visitation is in best interest of the child.  When determining if a grandparents visitation rights are within the best interest of a child, the courts will look to the following factors for guidance:

• The grandparents willingness to cultivate a relationship with the child and his parents
• The grandchild's preference
• The health of the grandchild
• The mental and physical health of the grandparents
• Any evidence of domestic violence between one parent and another parent, parent and child, or between parent and grandparent
• Any other relevant factors, including the preferences of any living parent

• Email This
• Print
• Comments (1)
• Trackbacks

A great resource for parents going through a divorce, Breakthrough Parenting offers some interesting insights into better parenting.  They offer help for divorcing parents and offer classes in becoming a certified parenting coach.  In today's world, we cannot do everything alone.  This website gives parents some much needed advice. Dealing with your children who often do not understand the situation is very hard.  While we cannot eliminate these kind of stresses, my firm tries to limit them.  We are here to help you through this very difficult time.  I want my office to be more than just a law firm.  When you retain my firm we are here through thick and thin, to the very end, and we are on call 24/7.

• Email This
• Print
• Comments
• Trackbacks

Joint Custody is preferred and deemed to be in the best interest of the child.  Alabama Code section 30-3-150 makes it state policy to encourage joint custody whenever both parents "have shown the ability to act in the best interests of their children." The court must consider joint custody, but is free to grant custody in any form it determines is in the best interest of the child.  The court looks to several factors when deciding to award joint custody: 

• The court looks at the parents wishes regarding joint custody
• The parents willingness and ability to work together and make decision in the best interest of the child
• Ability of each parent to foster the child's love for their ex
• Potential for any kind of abuse or kidnapping
• Distance between parents and practical geographic implications of joint custody
• The court may order a form of joint custody without the consent of both parents, when it is in the best interest of the child.

****When both parents request joint custody, joint custody is presumed to be in the best alternative.  Thus, in Alabama, joint custody is required unless the court makes specific findings as to why it is not.  Check out this helpful guide listing some Alabama Divorce and Custody code sections ,as well as other valuable divorce and child custody resources. 

• Email This
• Print
• Comments
• Trackbacks

Alabama Courts have wide discretion in child custody cases.  A child becomes a ward of the court in custody proceedings, and any matter affecting the child is a concern of the court. 

In Ex parte Divine , the Alabama Supreme Court enumerated twelve factors to be considered when deciding what is in the best interest of child in custody proceedings:

• Sex and age of the child
• Emotional, social, moral, material and educational needs of each child
• Home environments offered by each parent
• Parents age, character, stability, mental and physical health
• Parents capacity and interest in providing for the emotional, social, etc., needs of child
• Relationship between each child and each parent
• Relationship between children
• Effect on child of disrupting or continuing an existing custodial status
• Preference of child, if the child is of sufficient age and maturity
• Recommendations of experts
• Any available alternatives
• Any relevant matter

Past performance is often crucial in determining custody.  However, a spouse's prior performance may not be an accurate portrait of their future performance once the realities of a divorce are present.  A spouse who used to work at home taking care of the kids, may not be able to stay home full-time once the divorce is final.  Their financial situation, time constraints and other realities have changed.

Thus, a court has the ultimate power in determining how your children are raised in a custody proceeding. This is just one more reason why my firm advocates divorce mediation and collaborative legal processes whenever possible.  You should be the ones determining your child's best interest, not the courts. 

• Email This
• Print
• Comments
• Trackbacks