Summit Family Law
At Summit Family Law, we stand by your side and guide you through the process—from start to finish. We work to protect your financial well-being, help you navigate child custody disputes, and explore opportunities and solutions that you may not have imagined. Our skilled Alexander City, Alabama divorce lawyers advocate for your best interests at every turn and work hard to have your voice recognized.
Divorce can be one of the most challenging times of your life. On top of it all, your court case may seem unfair. Fortunately, our family law firm can help protect you from an unfair legal result. Our main goal is to protect your legal rights while safeguarding your future. We’ve seen many divorce and family law cases and understand how emotional they can be. Our Alexander City divorce attorneys work to ensure you move through the process efficiently and have someone to protect your rights.
We strive to make our clients’ todays better than their yesterdays. Whether you’re contending with a divorce, custody, child support, or need to modify an existing order, our Alexander City divorce attorney will bring compassion and kindness to your legal matters.
Learn how we can help you today by calling (256) 649-2335 or filling out our online form.
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No one should be uncertain during a divorce. At Summit Family Law, our attorneys help you through each step. Move toward a brighter future with clarity and confidence. We help you achieve a future without headaches, where you finally feel in control again. Whether in Birmingham, Alexander City, Tuscaloosa, Florence, Decatur, Athens, or areas in between, we want to make your day today better than yesterday.
Preparing Your Case
Divorce proceedings are initiated by filing a complaint with your circuit court. As your divorce lawyer, we can initiate a divorce in Alexander City by filing a complaint with your local circuit court.
A complaint is a legal document or pleading that a party is required to file with the court to initiate a divorce.
Several pieces of important information must be contained in the complaint, including:
- The names of the plaintiff and defendant
- The ages of all parties involved in the case
- The date of residency for one or both parties
- The date and location of the couple’s marriage
- The grounds for divorce
- Children’s names, dates of birth, and Social Security numbers
- A date of separation, as applicable
You must include a copy of your marriage certificate alongside your initial complaint.
Upon filing your complaint, an Alexander City divorce lawyer can serve a copy on the defendant. The defendant can answer your papers with additional information about the dissolution of the marriage. This response must reach a local circuit court within 30 days of the original complaint’s submission.
Failure to submit a response within the deadline allows the plaintiff to request a Divorce Judgment by Default.
Answering a Divorce Complaint
When you answer a divorce complaint, you do more than affirm your interest in divorce proceedings. You also have the opportunity to elaborate on the issues that you want the upcoming proceedings to address. This includes the division of property, the settlement of debts, and any concerns you may have about child custody.
To have a court address these concerns, you need to tell area courts about any property you share with your spouse. You also need to frankly discuss your debts and the emotional well-being of your children.
You can work with our law firm to elaborate on these issues. We can help you submit your essential documentation within 30 days of receiving your summons.
Establishing Your Grounds for Divorce
Before you are legally permitted to pursue a divorce throughout Alabama, you need to establish your reasons, or “grounds,” for separation. Your reasoning must be recognized by state law for your case to proceed.
Some of the most common grounds for divorce in Alabama include:
- Adultery
- Voluntary separation within Alabama for at least two years
- Voluntary abandonment for at least a year
- Imprisonment for at least two years within the past seven years
- Confinement within a mental institution for at least five years during the marriage
- Participation in criminal activities
- A pregnancy prior to the couple’s marriage that did not involve one of the spouses involved in the current marriage
- Drug addiction
If your reasons for seeking a divorce are not listed above, you’re not out of options. Upon reading a summary of your reasons in your complaint, a judge can determine whether or not your marriage has suffered an irrevocable breakdown. What constitutes a breakdown is up to individual judges.
With that in mind, you can discuss your circumstances with a divorce attorney in Alexander City, AL ahead of time. An initial case review can help you get a sense of your legal standing.
Residency Requirements for Divorce in Alabama
To file for divorce in Alabama, one of the spouses must have been a legal resident of the state for at least six months prior to the filing of the divorce complaint. The state establishes this requirement in Alabama Code § 30-2-5.
If neither spouse has been a resident of Alabama for the requisite amount of time, the couple may pursue divorce proceedings in another state.
Types Of Divorce
Different couples find themselves involved in different kinds of divorces. For instance, a couple who amicably proceeds through the divorce proceedings experiences an uncontested divorce. Similarly, divorces resulting from a mutual agreement are often termed no-fault divorces.
Should one party neglect to respond to a divorce case summons, the plaintiff might benefit from a divorce by default. This form of divorce enables a judge to divide assets without any legally admissible input from the defendant.
Lastly, there’s at-fault divorce. At-fault divorces involve one party trying to pin the blame for the marriage’s dissolution on the other. These cases can be more contentious, often necessitating legal representation and a judge to mediate. This intervention seeks to distribute assets and responsibilities, even if not to the satisfaction of both parties.
Family Law Services We Offer to Alexander City, AL Residents
When you confide in our team of Alexander City divorce attorneys, you unlock a comprehensive suite of family law services.
Additional Divorce Paperwork
Upon filing for divorce, your local circuit court might request that you and a divorce attorney in Alexander City furnish more paperwork. Forms often associated with current Alabama divorce scenarios encompass:
Protection Orders and Restraining Orders
Protection orders and temporary restraining orders (TROs), although distinct, serve to shield one individual from another. Their objectives align closely in Alabama’s legal context. When submitting your initial complaint, you have the option to petition for a TRO or a protection order.
A protection order will be endorsed by a judge in instances of domestic abuse. Such orders can be issued at any stage of a divorce in Alabama.
Under a judge’s mandate, the protection order grants the holder:
- Child custody
- Ownership of a home or vehicle
- Additional financial assistance
In divorce scenarios, a TRO with identical provisions to a protection order may be issued. This could arise in cases of domestic violence, instructing the perpetrator to steer clear of the victim, ensuring their safety. Such orders also aim to shield children embroiled in divorce cases.
Additional Documentation
Your court might ask for additional documents during the divorce process. These can include a Vital Statistics Form, an Affidavit of Residency, and a Testimony of Plaintiff Form.
If children are impacted by your divorce, you must provide documents elucidating their connection to your complaint. Such forms can be:
- Child Support Guidelines Notice of Compliance
- Child Support Guideline Form
- Child Support Obligation Income Statement
- Child Support Information Sheet
- Certificates indicating attendance for obligatory training or counseling
These papers aid in devising strategies for your children’s care during and post-divorce.
Divorce and Financial Implications
Commencing your divorce, the circuit court will require disclosure of your financial status. This information subsequently assists the court in partitioning your assets.
Individually owned property reverts to its respective owner post-divorce. Judges will then scrutinize the shared assets and endeavor to divide them equitably. Such division often involves collaboration between judges, attorneys, and the divorcing couple.
Typically, judges will consider financial records to determine asset allocation. For instance, a spouse with a higher income may be granted fewer assets compared to an unemployed counterpart to ensure financial balance.
Temporary Alimony Versus Permanent Alimony
During your case evaluation, a judge might decide to award alimony to help offset the financial strains of divorce. The quantum of alimony depends on factors like earning potential, marriage duration, and marital faults.
There exist two alimony categories: temporary and permanent. Temporary alimony is provisioned from the divorce filing until the court’s final verdict. In contrast, permanent alimony is embedded in your final settlement. You can opt for periodic or lump-sum alimony based on preferred frequency. Alimony quantum is the judge’s prerogative and is distinct from other split assets.
Child Custody and Support in an Alabama Divorce
In divorce proceedings, the judge’s responsibility is to determine the custody and visitation rights of minor children. These decisions aren’t arbitrary but are influenced by:
- The child’s interests
- The child’s welfare
- The role of fault in the divorce
- Prior evidence of custody and caregiving
A parent’s financial standing and overall stability also influence judgments on their suitability for child custody. Children may even liaise with their divorce lawyers to voice their custody preferences.
The parent not granted primary custody becomes the “non-custodial parent.” Depending on the judge’s interpretation, this parent might have restricted visitation rights. Negotiations with lawyers and the presiding judge can help draft a suitable visitation schedule.
Awarding Custody to Third Parties
Alabama courts usually entrust the physical custody of children to a biological parent. However, custody can be granted to other individuals, such as grandparents or unrelated guardians. Custody decisions are contingent on a judge’s evaluation of the guardian’s capacity to care for the child and the child’s overall well-being. In some cases, the child’s input might be solicited when contemplating custody with a non-parental guardian.
What to Expect After Filing and Serving a Divorce Complaint
After you’ve submitted your complaint and your partner has responded, the progression of your divorce is determined by the local courts. You may find yourself attending Pendente Lite hearings, which address interim relief available to you throughout the early and ongoing divorce proceedings.
These hearings facilitate discussions on child support, spousal support, child custody, and occupation of shared assets. Following these hearings, you’ll proceed to discovery, during which you can gather witness testimony related to your marital experiences and acquire information about your shared assets.
As per Alabama Code § 6-6-20, you will then be mandated to partake in mediation with your partner. This step can only be bypassed if you present evidence indicating you were subjected to spousal abuse.
Preparing for a Divorce Proceeding
In a best-case scenario, mediation will help you and your partner resolve financial and property concerns. However, unresolved issues will lead you and your trusted divorce attorney to a final divorce trial. Here, you’ll collaborate with your attorney to advocate for property rights or adjust custody arrangements.
Post-trial, if you disagree with the court’s decision, you retain the right to file an appeal. Yet, the Alabama appellate court may reject your appeal unless you substantiate it with legal errors.
Preventing or Limiting the Fallout of a Divorce
The journey of divorce can be physically and emotionally taxing. While certain situations may demand this legal step, there are ways to alleviate the stresses involved. Ensure that you:
- Uphold your confidence and prioritize your personal interests.
- Address your children’s queries about the divorce and your ex-partner’s actions.
- Continuously assess your emotional well-being and seek therapeutic assistance when necessary.
- Embrace co-parenting to uphold your children’s emotional health.
- Avoid seeking comfort in unhealthy rebound relationships.
- Actively participate in your legal proceedings.
- Strategize for life post-divorce.
Remember to seek legal counsel only from seasoned experts. While friends and family may have good intentions, misguided legal advice could prolong the divorce process. Turn to our office for trusted guidance on navigating a smoother divorce.
The Benefits of Working With an Experienced Team in Alexander City
Experience has illuminated the emotional challenges accompanying family law matters. These episodes, often rooted in profound loss, can hinder logical thinking. Hence, relying on a compassionate family law advocate is essential during such times.
Our commitment to trust and excellence sets us apart. We’re driven by a vision to help families like yours regain security, rebuild after a loss, and relish a bright future.
When searching for premier divorce attorneys in Alabama, due diligence is key. Consult Divorce Lawyers familiar with Shelby County to understand their operational dynamics, strategy development, and case resolution. Connect with us; we’re eager to share our distinctive approach.
Engage with Our Team of Alexander City Divorce Lawyers
Divorces aren’t always equitable. We’re here to shield you from an unjust divorce. For insights into your impending divorce, our team is at your disposal. Our divorce lawyers stand ready to support you from the inception to the culmination of your case.
Explore your legal avenues during a case review with our team at Summit Family Law. Reach out to us online or via text or call at (256) 649-2335 to swiftly schedule an appointment. Let us help make today brighter than yesterday.
Frequently Asked Questions
Do I Have to Submit Evidence of Fault to File a Divorce?
Before you can present your case to the local circuit court, you need to specify the grounds for your divorce. These grounds can include:
- Adultery
- Pregnancy by another man
- Spousal abandonment
- Spousal imprisonment for at least two years with a sentence of at least seven years
- Crimes against nature
- Alcohol or drug addiction
- Incompatibility of temperament
- Irretrievable breakdown of marriage
- Domestic abuse
Alternatively, you also have the flexibility to file a no-fault divorce. No-fault divorces eliminate the necessity of providing evidence of misconduct.
Who Do I File a Divorce Claim With?
For initiating a divorce, your claim must be filed with the local circuit court. Within thirty days of submitting your initial complaint, it’s imperative to serve the defendant with a summons.
While the onus of responding to your summons lies with your spouse, failing to serve them with the necessary paperwork can potentially nullify your initial complaint.
If I’ve Been Served Divorce Papers, How Can I Respond?
Legally, you must address a divorce summons. Your response can clarify your agreement or disagreement with the claims made by your spouse. To construct a comprehensive legal defense, defendants often collaborate with divorce attorneys, particularly if they contest any aspect of the original complaint.
Ignoring a summons doesn’t serve the defendant’s interests. Alabama law permits spouses, who haven’t received a response from their partner, to seek an uncontested divorce. Subsequently, the court gains the authority to determine the division of property and custody.
Will a Temporary Order Impact My Divorce Proceedings?
To safeguard a spouse from potential physical, financial, sexual, or emotional harm, a judge has the authority to issue temporary orders. Such orders may grant one spouse temporary custody and visitation rights.
These temporary orders remain in effect until they are either renewed or a final divorce judgment replaces them.
Which Alabama Court Addresses My Divorce?
In Alabama, circuit courts exclusively handle divorce cases and address all related family law issues. However, if you disagree with a divorce judgment, it can be appealed to the Court of Civil Appeals. In rare scenarios, your divorce may escalate to the Alabama Supreme Court for consideration.
When Does My Divorce Go Into Effect?
An uncontested divorce judgment becomes effective thirty days after the filing of your complaint and summons. In contrast, contested divorces usually take longer to resolve.
Schedule a Consultation with a Alexander City Family Law and Divorce Attorney
Facing the complexities of divorce doesn’t have to be an isolated journey. Our dedicated family law attorneys in Alexander City, AL are poised to guide you through the legal intricacies.
Reach out to us via text or phone call to book your consultation. At Summit Family Law, we’re committed to standing by your side during your divorce and addressing subsequent legal concerns.