Heightened emotions and complicated legal issues characterize most divorces. Because of that, situations arise that can feel urgent, prompting a need for immediate legal action. However, not every stressful moment qualifies as an emergency in the eyes of the court. Understanding what is and is not an emergency in a Birmingham divorce can help you know when quick action is needed and when it isn’t.
What Qualifies as an Emergency in a Birmingham, Alabama, Divorce?
In Birmingham, emergencies in divorce cases are those requiring immediate court intervention to prevent significant harm to someone or something. Accordingly, the court’s primary focus is protecting the safety and well-being of individuals, especially children. What qualifies as an emergency in a Birmingham divorce follows.
Threat of Relocation or Abduction
A parent threatening to take a child away without the other parent’s consent qualifies as an emergency, especially if there is genuine worry that the parent is going to abduct the child. A Birmingham court would usually respond to such a threat by enforcing the existing custody agreement to block the move.
Safety Concerns
The most common type of emergency involves threats to safety. Where there is evidence of domestic violence, child abuse, or neglect, for example, the court may issue protective orders to ensure the victim’s safety.
Protecting Property
Emergencies can also involve the protection of property. If one spouse takes to destroying marital property out of spite, the court may issue temporary orders to curtail the behavior until the divorce is finalized. The emergency orders would stay in effect until a hearing takes place.
What Doesn’t Qualify as an Emergency in a Birmingham, Alabama, Divorce?
Though many issues during a divorce can feel like an emergency, they don’t always meet the court’s criteria to be considered an emergency. Consider the following.
Disputes Over Parenting Time
While disagreements about visitation can be frustrating, they typically don’t qualify as emergencies unless there is an immediate threat to the child’s safety. A parent refusing to follow a visitation schedule, though irritating, isn’t an emergency unless not following it poses a risk of harm to the child.
Disagreements About Financial Matters
Financial disagreements, such as one spouse spending money on personal items during the divorce, are common but rarely emergencies. Only situations where marital assets are at significant risk, such as draining joint accounts or selling joint assets, would be considered urgent.
Arguments and Heightened Emotions
Feeling stressed or arguing with your spouse doesn’t constitute an emergency. Courts expect divorcing couples to manage their day-to-day issues through their lawyers, not emergency motions. A judge isn’t a marriage counselor or a referee.
Legal Requirements for Emergency Relief
If you are filing for emergency relief, you will need evidence to support your motion, such as police reports, medical records, or financial documentation demonstrating misconduct. Filing an emergency motion without valid reasons can backfire. If the court sees you using emergency relief as a manipulation tactic or to harass your spouse, it can damage your credibility. The repeated misuse of emergency motions can likewise result in penalties or fines.
Alternatives to Filing an Emergency Motion
Many issues don’t need to be handled through emergency motions. There are other ways to resolve disputes without going to court. They are as follows.
Exhibiting Communication and Patience
Being patient with your spouse can go a long way toward avoiding unnecessary escalation. So can stepping back and calming down when an interaction is beginning to escalate. Open communication — directly or through your family law attorney — can often resolve minor disputes without involving a judge.
Mediation and Negotiation
In many situations, non-exigent matters can be settled through mediation or negotiation despite disagreements along the way. These alternative approaches to resolving disputes are generally quicker, less expensive, and less adversarial than going to court.
Temporary Orders
It is important to note that your attorney can still request temporary orders for issues such as child custody, support, or property usage during the divorce process should you require immediate relief but the situation doesn’t constitute an emergency like those described above.
How to Accurately Assess Emergencies
When facing a challenging situation, having the skills to determine whether it qualifies as a true emergency is imperative. To that end, ask yourself the following questions:
- Is there an immediate threat to my or my child’s safety or well-being?
- Could this threat lead to significant harm to marital property if no one steps in?
- Can I resolve this threat through other legal means?
If you answer no to any of the three, consider how you may approach the situation differently. Acting on impulse often complicates matters. So, instead, evaluate your options and consult a Birmingham family law attorney.
How to Find a Birmingham Family Law Attorney to Address Emergency Issues in Divorce
Knowing when to act urgently and when to slow down is critical to finding success in divorce and reaching a resolution. If you face a true emergency, don’t hesitate to seek immediate help.
At Summit Family Law, one of our skilled and experienced Birmingham divorce attorneys can help you assess your situation and guide you from there. We can gather necessary evidence, file appropriate motions, and advise you on the best course of action to protect your interests and rights.
With offices located in Huntsville and Birmingham, we are here to support you. Call us today or schedule a consultation.
