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

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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Because Alabama recognizes legal separation, most people looking at divorce in cites like Tuscaloosa, Bessemer, Huntsville and Mobile do not always have to file for divorce, at least not immediately. As a Birmingham divorce lawyer, I know that a certain percentage of people considering a divorce action will also have thought about separation as an alternative. Legal separation, which can also be referred to as "judicial separation," "separate maintenance" or "divorce a mensa et thoro" (which translates roughly into "divorce from bed-and-board"), is one way that marital partners can legally formalize what is a de facto separation while at the same time staying legally married.

Folks all around Alabama choose legal separation for a wide variety of reasons. However, the most frequent explanation is because the one or both spouses believe that the marriage may still have a chance of being saved. Occasionally, legal separation may be chosen because of one or both of the parties have a moral or religious objection to divorce.

For the state of Alabama to recognize a legal separation, both parties must enter a decree of legal separation assuming all of the following requirements are satisfied:

1. The court determines that the jurisdictional requirements for the dissolution of a marriage have been met

2. The court determines the marriage is irretrievably broken or there exists a complete incompatibility of temperament or one or both of the parties desires to live separate and apart

3. To the extent that it has jurisdiction to do so, the court has considered, approved, or provided for child custody, and has entered an order for child support in compliance with Rule 32 of the Alabama Rules of Judicial Administration

As the above suggests, while legal separation does not necessarily lead to a divorce, it can leave the door open to reconciliation, in which case the parties typically do not need to do anything more since they are still married in the eyes of the law. If, however, the couple does not manage to find common ground, they may then wish to go through with a divorce, which must be filed for explicitly.

A qualified family law and divorce lawyer can help individuals navigate through the complexities of legal separation as well as full-blown divorce actions, which can be of great help during what is usually a difficult and emotional time for most people.
 

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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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I’ll say right off that it’s probably true that most folks think a prenuptial agreement -- or prenup, as they say in Hollywood -- will kill the romance between a couple as surely as a an illicit affair. But does suggesting that your soon-to-be spouse sign a prenuptial agreement really spell the end of trust; Certainly not. Oddly, it may just make that bond even stronger. Rather than curse or jinx a pending marriage, a prenup should be looked at as helping to cement the relationship.

Contrary to popular belief, asking your future husband or wife to sign a prenuptial agreement should not be viewed as a sign of distrust, but as a mutual act of financial openness and faith in the enduring qualities of your relationship. As a Birmingham Divorce and Family Law Attorney, I’ve represented both women and men who have entered into a prenuptial agreement with a future marriage partner.

The trouble is that many people associate the mere mention of the prenup as a prelude to a bad marriage inevitably doomed to end in divorce. Because of this, it’s really no surprise then that most folks, men and women alike, can be quite apprehensive about raising this topic with a future spouse. But there’s really nothing to fret over.

First and foremost, a prenuptial agreement is a document created between future spouses prior to their exchange of marriage vows. An agreement of this type usually lists property settlements in the event of divorce, and could include other legal issues such as possible additional obligations that could arise during the marriage. In Alabama, the law requires that certain procedures as part of the process of forming a prenup, such as full financial disclosure between the two named parties. (It’s important to remember that the law actually prohibits prenuptial agreements if they are not truthfully represented.)

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Many married couples in Alabama use the services of an adoption agency to help them find a child in need of a good home. In Huntsville, Mobile, Dothan, Gadsden and other towns and cities across the state, adoption agencies provide experienced staffs capable of in finding children and matching them up with willing couples. These organizations also have the knowledge and capability to meet all the needed legal requirements.

As a Birmingham family law attorney, my interest is to see that people know what their legal responsibilities are in cases of adoption. Here in Alabama, adoption groups help adoptive parents with a wide range of services including locating a birth parent to putting the finishing touches on the final legal adoption documents.

A qualified agency will handle many of the critical elements of an adoption, which typically include conducting of a home study, getting the needed consents, and advising the adoptive couple on any state-specific legal requirements that may need to be met.

For many folks looking to adopt, the question often comes up as to whether a private or public adoption agency is best. It should be remembered that private agencies tend to provide extensive counseling to the prospective parents. The counseling services offered by private agencies usually include that for the couple themselves, the birth parents, and the child being adopted, assuming that he or she is old enough to warrant such a service.

Thoughtful counseling at this emotional time can be of great benefit to all parties involved in the adoption process. This usually includes practical advice along with help on all the complex legal issues that can accompany the adoption process. It is especially important that there be protections for the adoptive parents, which is why the birth parent is typically included in the early stages of the counseling process. (It has been shown that a birth parent is less likely to change her mind when the time comes to place signatures on the actual adoption consent forms following the baby's birth.

Of course, there is a down side to using a private agency as these groups are known for being terribly picky about who will be chosen as adoptive parents. Quite simply, this is due to the law of supply and demand. There is usually a surplus of couples looking to adopt, while the pool of available children is much more limited. These agencies tend to select out parents based on age, marital status, income, health, religion, sexual orientation, family size, and personal history (even criminal conduct).

Public agencies, on the other hand, usually have many children ready to be adopted. However, these kids are commonly older or have special needs. If you and you spouse are looking for a newborn or infant, a public agency may not be the best avenue for you. Another thing to remember is that public agencies generally do not provide the range of counseling and other services that the private ones offer. This is typically reflected in the cost, which is much lower for those choosing a public adoption agency.

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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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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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