There are two types of custody in Alabama, physical and legal custody. Legal custody is who has the rights to make decisions for the child and is usually given jointly in a divorce. The physical custody is who the child is actually living with most of the time, that parent has sole physical custody and the other parent has visitation rights such as every other weekend. If your spouse was ordered to do something and refuses to do it, then you can take them back to the judge that ordered it and they can find them in Contempt of Court.
This means that the judge can make them do it or punish them for not doing it. Sometimes this could mean making them pay fines or additional costs. Sure, this is called a joint petition to modify if both parties are in agreement. So if the two of you need to change the primary custody from the mother to the father so that the child can be enrolled in another school system, it can be a matter of mostly paperwork and there is usually not a hearing.
If the biological father is in agreement, then you can do something called a step-parent adoption. This person looks into the prospective parents home situation and recommends the adoption take place. As long as the biological parents are in agreement then it can occur without too much difficulty in the Probate Court where the child resides. In Alabama, there is a formula that is used by the courts to determine how much one party is to pay in child support to the other. This is called the child support guidelines and is based primarily on both spouses gross monthly incomes.
The courts will usually go by what these guidelines say, but if you wish to agree to a different amount you can do so in your settlement agreement but if a judge feels that the amount you have agreed to is unfair then they might not sign off on your agreement and a hearing will need to be held or you will need to amend the documents appropriately.
Typically, if you are close to the guidelines then it is alright, but if you agree to an amount that is substantially lower or higher than the guidelines it can cause delays in your divorce being finalized and may not be approved. Our local divorce attorneys will perform the guidelines for you in an uncontested divorce and it is usually best to go by their calculations if possible. You cannot remarry another person for a period of 60 days from the date your divorce decree is entered.
If they will not sign the papers then you and your spouse are not in agreement since they are not willing to sign the agreement and you can wait to see if they change their mind or you can file for a contested divorce.
If you cannot locate your spouse, then you will need to file a contested divorce and we will try to locate them ourselves or have the process server attempt to find them as well.
During a divorce in Alabama, you and your spouse must make decisions regarding numerous individual issues or put those issues before a judge. Essential issues that must be decided or litigated during a divorce include:. Depending on the circumstances, you may choose or be required, based on Ala.
Code , to go through divorce mediation. This is an out-of-court process during which you and your spouse, with the help of your attorneys, talk with each other in the presence of a neutral mediator and attempt to negotiate a resolution to a dispute. Mediation may be used for some or all aspects of a divorce. You and your spouse may be able to amicably negotiate all the unique issues present in your divorce, thereby creating your own divorce settlement.
With a divorce attorney from Alabaster, AL, you can be confident your divorce settlement includes everything you need it to. You can be confident that it is drafted clearly and accurately to avoid any post-divorce problems. If you and your spouse do not negotiate a divorce settlement, then the issues must be resolved by the judge. Many divorces take months to resolve, though some can be finalized quickly.
If everything goes as planned, once your divorce is finalized, then you do not need to return to court. Unfortunately, not all divorces go as planned, which is why our divorce lawyers in Shelby County, Alabama represent individuals in post- divorce actions.
You may need to return to court if your ex-spouse is violating the court order. It may be that your spouse refuses to hand over certain assets or take responsibility for certain debts. We also handle post-divorce alimony issues, including when one party wishes to increase alimony or end it. If you are divorced, yet you are experiencing continued problems, do not hesitate to contact us to discuss your options. We represent all types of individuals in a variety of family law matters, including divorce for women and men, divorce involving high-value assets, and divorce involving children.
We hope you will let us represent you through this process and help you achieve a better future for you and your family. We believe it is more important for you to have access to legal information than to hire us to represent you in court. We understand many people choose to go through a divorce without an attorney. To ensure you can move through this process yourself with minimal stress, we offer an automated divorce self-help system for a small fee.
Through this system, you gain access to legal information, up-to-date forms, and attorney advice. You can obtain additional advice through our community discussion forum. Post your questions to receive answers from attorneys and other Alabama residents. Homepage » Birmingham Divorce Lawyer Birmingham Divorce Lawyer Divorce no longer holds the same stigma as it did even a few decades ago.
Call or Text Email advice alabamadivorceandfamilylaw. Messenger Live Chat Forum. File on your own using our online Divorce Portal Learn More. Award-Winning Lawyers. Site Map Disclaimer Privacy Policy. All Rights Reserved. Search for:. Divorce Process. File a Complaint A complaint will be made by the plaintiff you or your attorney naming your spouse and establishing grounds for divorce.
The Answer Your spouse has 30 days to respond to the complaint. Discovery During this phase, attorneys will do the legwork necessary to support your legal position. Begin Negotiations After the court has ruled on all motions, you will begin to negotiate a settlement. Sign all the documents that are necessary to finalize the divorce.
Get In Touch. This field is for validation purposes and should be left unchanged. Get Our Free Special Report. Grounds for a fault-based divorce includes incapacity, habitual drunkenness, adultery, violence in the marriage, abandonment, mental illness leading to institutionalization, imprisonment for at least two years, a crime against nature, or unrevealed pregnancy at the time of marriage.
A no-fault divorce, on the other hand, can be pursued based on the irretrievable breakdown of the marriage or incompatibility. While there may be an advantage to filing for a fault-based divorce depending on your circumstances, typically, no-fault divorces are much faster as you will not have to go through the process of providing evidence of and proving fault.
Contested issues. Regardless of whether you are pursuing a fault or no-fault divorce, you and your spouse must come to an agreement about certain issues before the divorce can be finalized. To be sure, the issues of property division, alimony, child support, and child custody must be settled before the court will finalize your divorce.
If your divorce is uncontested—meaning that you and your spouse agree on all issues in the divorce—then the process will be quick. If the divorce is contested, though, reaching settlement could take multiple weeks or months.
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