Going through a divorce is one of the most stressful challenges you will ever have to deal with. Worries about your finances and your children can dominate your life and make it hard to focus on anything else. Then there’s the wave of emotions that can come crashing down at any moment.
During this difficult time, it is essential that you work with a seasoned Huntsville, Alabama divorce lawyer who can make you feel comfortable and confident about your future. At New Beginnings Family Law, our team has more than a decade of experience helping people navigate the complicated divorce process. You can trust our skilled family law attorneys to:
Schedule a case consultation with our Huntsville divorce attorneys now. Whether you decide to hire us or not, you will leave our office with a solid understanding of your legal options and a plan for how to move forward with your family law cases. Contact us by calling (256) 530-2254 or filling out our online form. Let us help you take the next step toward your new beginning today.
Below Amber James addresses common questions relating to divorce. If you’d like to ask us a question, discuss your case, or if you need immediate assistance with your divorce get in touch with us.
In Alabama, you may choose to file for divorce based on incompatibility or the irretrievable breakdown of the marriage, which is also known as a no-fault divorce. In a no-fault divorce, neither party alleges misconduct and both parties agree that any further attempt to reconcile the relationship would be futile, impractical, and not in the best interests of the family.
Spouses may also choose to pursue a divorce based on fault grounds, which require the filing party to present evidence proving that there are grounds for divorce.
The divorce process begins with the filing of a complaint, which states the reason why the filing party (known as the plaintiff) wishes to end the marriage. If you live in Huntsville, you would file your complaint with the clerk of the Madison County Circuit Court.
If you are not citing incompatibility or the irretrievable breakdown of the marriage, you will need to present evidence that one of the following grounds for divorce has occurred:
No, once one party files for divorce, the court can grant the divorce with or without the agreement of the other spouse.
Once the other spouse is served with the complaint, Alabama law requires an answer to that complaint to be filed within 30 days. The responding spouse may affirm or deny any allegations made in the complaint and could raise different issues in the response. If the other spouse fails to respond to the divorce complaint, the court may issue a default divorce.
An uncontested divorce is one where the parties have reached an agreement on all issues related to their divorce. This includes child custody, visitation, child support, alimony, division of assets, division of debts, and payments for the preparation and filing of the divorce documents.
Typically in this situation, one party will hire an Alabama divorce attorney to draft the documents necessary to file the divorce. The other party should, but does not always, hire an attorney to represent him or her to make sure the agreement is fair.
Once all the documents are signed and filed, the documents must sit in the clerk’s office or judge’s office for a minimum of 30 days. This is called a “cooling-off period.” Once this period has expired, the judge can sign the Final Decree of Divorce. With the current caseload being experienced in our family courts, it typically takes 31 to 60 days for a divorce decree to be signed.
In contrast to an uncontested divorce, a contested divorce is one in which the parties cannot immediately reach an agreement regarding the terms of the divorce. This does not mean that an agreement will not be reached at some point, but initially, the parties cannot agree.
One party files a Complaint for Divorce and has the other party served to start the process. In the meantime, the court may enter a Standing Pendente Lite Order, which outlines the rights and responsibilities of both parties during the time the case is pending.
Whether you agree on every issue at first or not, you and your spouse should work toward a marital settlement agreement. Our Huntsville divorce lawyers will help you negotiate important matters such as:
All of these tend to be emotionally charged topics, and our experienced Alabama divorce attorneys can help you negotiate the details through mediation and work toward a satisfactory settlement agreement. If you are not able to reach an agreement, you will be leaving extremely important, life-changing decisions in the hands of a stranger (the judge).
Sometimes, settlement negotiations prove futile, and it becomes necessary to present each issue to a judge. If this happens in your case, our skilled Huntsville divorce attorneys will be meticulously prepared to take your case to court. We will argue aggressively to protect the best interests of you and your children.
Each divorce presents its own unique set of facts and circumstances that can affect the amount of time it takes to resolve each issue. A relatively short marriage with modest marital property and no children will settle much more quickly than a 30-year marriage with children and sizable marital assets.
Here are some of the factors that will affect how long your divorce will take:
Divorce can be time-consuming, emotionally exhausting, and financially draining. Appeals and modifications can take even longer. At New Beginnings, our Huntsville divorce attorneys can help you make the best of a difficult situation by offering sound advice and wise counsel. Contact Us today to schedule a consultation.
However, it is very difficult to determine what the final cost of a contested divorce will be. Situations with children or having a spouse involved in the military may require more time to settle. We do our very best to keep your costs low by relying on the strengths of our staff members in drafting necessary documents and communicating information with our clients. We also use the latest technology to work as efficiently as possible and reduce costs.
In some cases, we may be able to demand that your spouse pay your attorney fees. Contact Us today to discuss payment options.
Very helpful and courteous through my entire divorce process. Handled everything professionally and in a great timely matter. Very thankful I chose this law firm to help me with my divorce. The entire team was amazing from start to finish.
“Ruby and all of the staff at New Beginnings were so helpful and understanding. They walked me through everything and were careful to think of every little detail. Thanks to them, the whole divorce process was as smooth as it…
Upon the death of our daughter, we were seeking full custody of our grandson. We had been led to believed this could be a difficult if not impossible task so we were not confident as to what his future would…
Thank you New Beginnings Family Law. I was able to get professional services and excellent advice from them on my family issues. They were very thorough and i was met with a friendly smile when visiting their office. I will…
“In October of 2016, my brother-in-law came to NBFL for help with a custody matter. Due to the situation, we were all fearful and on edge. After meeting with Amber and David, we walked away hopeful. They graciously and patiently…
At New Beginnings, our legal team can honestly say “we’ve been there.” We know how difficult divorce is, and we are ready to fight for the best possible outcome in your case. Please contact us today for more information about our services.