Category Archives: <span class="page-description">Divorce</span>

Posted by Steven A. Harris | Divorce

Most people going through a divorce in Alabama hope to reach an agreement before ever setting foot in a courtroom. And in many cases, they do — through negotiation, mediation, or simply working things out with the help of attorneys on both sides. But when spouses genuinely cannot agree on one or more major issues, …

Continue reading "What happens at a Contested Divorce Trial?"

Posted by Steven A. Harris | Divorce

Attorneys can only ethically represent one client in a case. This is because a divorce attorney has a fiduciary responsibility to their client to be their advocate and work for their best interests. It is not an uncommon request, but it would present a conflict of interest for the attorney. While a local family law …

Continue reading "Can One Attorney Represent Both of Us in Divorce"

Posted by Steven A. Harris | Divorce

When going through a divorce, you will likely have many questions and fears about how your property will be divided. People will often ask, “Who gets the house in a divorce?” Let’s start answering this question by defining just what “marital property” is. Marital property is any asset you and your spouse acquire during the …

Continue reading "Who Gets the House in a Divorce?"

Posted by Steven A. Harris | Divorce

There are generally two types of custody in Alabama. Legal Custody is what people generally think about when they think about custody. This is usually granted to both parents, absence any history of abuse, neglect, or other such excuse. Joint legal custody means both parents are the legal custodians in the eyes of the law …

Continue reading "How Does a Judge Decide Who Gets Custody?"

Posted by Steven A. Harris | Divorce

Absolutely. That is a question your uncontested divorce attorney should always ask while going through the no fault divorce process. If you get an uncontested divorce you have to submit a settlement agreement showing the court you both agree to the terms of the divorce. One of those terms can be that you want to …

Continue reading "Can I Resume My Maiden Name After Divorce?"

Posted by Steven A. Harris | Divorce

The Complaint for divorce is a form provided by the court that the Plaintiff fills out in order to initiate divorce proceedings. If you are the spouse filing the Complaint then you will be the Plaintiff and your spouse the Defendant in the divorce case. In the complaint, you may have to certify several things, …

Continue reading "What is a Divorce Complaint?"

Posted by Steven A. Harris | Divorce

The first step in the divorce process is filing the Divorce Complaint. If you file the complaint, you are the Plaintiff and your spouse is the Defendant. The law requires the Defendant be served, that is, receive a copy of your Complaint. Once they receive your complaint, they have thirty days to file something called …

Continue reading "Can I Get a Divorce Without My Spouse Knowing?"

Posted by Steven A. Harris | Divorce

Typically, to prove a parent unfit to have custody of a child, you must show things like drug or alcohol abuse, instances of child abuse or neglect, or situations in which the child is subjected to dangerous circumstances. Section 30-3-150 of the Code of Alabama, which governs child custody, requires that “Minor children have frequent …

Continue reading "How Do You Prove a Parent Unfit?"

Posted by Steven A. Harris | Divorce

In Alabama, a judge may decline to grant your divorce, but not without a good reason. A judge will typically only deny an uncontested divorce if there are procedural matters that haven’t been done properly, something is unclear or confusing, or something is not in the best interests of the child. In a contested divorce, …

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Posted by Steven A. Harris | Divorce

You can still get a divorce if your spouse refuses to sign the divorce papers, but it will be more difficult. The quickest, easiest, and cheapest way for a couple to get a divorce is by getting an uncontested divorce. In order for the court to award an uncontested divorce, both parties must agree to …

Continue reading "What happens if my wife does not respond to divorce papers?"