Divorce

Divorce is perhaps one of the most emotionally exhausting and difficult legal proceedings a person can endure. Most people get divorced for serious reasons, such as financial problems, addictions, substance abuse, domestic violence, infidelity, or other challenging circumstances. Knowledgeable Alabama divorce lawyers are here to help. At Anderson Miller Law Firm, our team is here to make sure you understand all your options when facing divorce. Give us a call today to get help with your marital dissolution case.

How to File a Divorce in Alabama

Filing a divorce in Alabama is easier than most people think. However, filing the right papers is just part of the process. Married couples should also understand the short-term and long-term impacts of their decisions. Here are the basic steps you should know:

  • Make sure you are eligible to file in Alabama based on residency requirements
  • File the initial petition, which sets forth all the necessary allegations
  • Obtain jurisdiction over the other spouse by having them served with the petition
  • File proof of service with the court
  • Begin the process of negotiating a fair and reasonable settlement with your spouse
  • If settlement cannot be reached, proceed with litigation

Where Most People Go Wrong

A lot of people think that a divorce requires them to prove wrongdoing. Therefore, they will put all sorts of inflammatory details of the marriage in the formal court pleadings. Remember that these formal pleadings are public records. Therefore, even if the allegations are true, sometimes a little discretion can be very helpful to reducing tensions and encouraging settlement.
Another major mistake is not alleging the right details, such as irreconcilable differences or not meeting jurisdictional requirements. Minor technical mistakes can create lengthy delays and force you to return to court repeatedly. Each unnecessary and wasted trip to court is a day you are taking off work and a day that could be better spent elsewhere. Delays can drag on for months or even years if the individuals involved do not know how to navigate the procedural rules.

Issues You Must Resolve

A divorce generally includes a few primary issues that must be resolved. These can include:

  • Division of property and debts
  • Whether one party will owe the other party maintenance (aka, alimony)
  • Custody, visitation, and parenting schedules (when children are involved)
  • Determination of who will for children’s health insurance, extra-curricular activities, and so forth
  • Determination of child support

Some of these determinations may be very simple, while others may be more complex. For instance, a couple may have excessive debts and very little assets. While they may agree on parental allocation of time and visitation schedules, they may hotly dispute who should be held responsible for paying certain marital debts. On the contrary, another couple may agree fully on the distribution of marital assets and debts, while fighting endlessly about who should spend more time with a minor child.

Other Parties to a Divorce

At all times, children should be the primary focus when they are involved in a divorce. There are other important players in the divorce process, and it is helpful to know what to expect. Even in uncontested divorces, there will be a judge who must review the settlement, petition, and other documents, in order to make sure that the final outcome is fair and reasonable. To that end, courts may appoint representatives to observe and protect the interests of minor children. Likewise, a guardian ad litem may be appointed to act as the ears and eyes of the court to report back to the judge. In fact, in contentious litigation, a judge may even appoint an attorney to act as counsel for a child. Courts have also been known to appoint social workers, parenting coordinators, and other professionals to facilitate child custody matters.

Getting Help Today

When you are facing a divorce, the list of things you don’t know can be overwhelming. Questions abound, and these questions left unanswered can create much anxiety. At Anderson Miller Law Firm, we are here to help give shape to the confusion. Give us a call today to speak with a knowledgeable divorce attorney about your case.

Anytime a court makes an “order,” it is a legal document that carries the weight of the entire judicial branch. This means the judge’s order is an instruction that must be followed, just like any other law. Just as you would not disobey a stop sign, a court order must be followed, or serious consequences can arise.

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