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

Posted by Steven A. Harris | Divorce

The first legal step to getting a divorce in Alabama is filing a Complaint for Divorce in the circuit court — but the first real step happens before any paperwork exists: deciding whether your divorce will be contested or uncontested. That single fork determines what you file, what it costs, how long it takes, and …

Continue reading "What is the First Step to Getting a Divorce"

Posted by Steven A. Harris | Divorce

In a divorce, the plaintiff is the spouse who files the Complaint for Divorce, and the defendant is the spouse who responds to it. That is the entire legal difference. The labels describe who started the case — not who was wronged, not who is at fault, and not who the judge will favor. Alabama …

Continue reading "Is It Better to be a Defendant or a Plaintiff in the Divorce"

Posted by Steven A. Harris | Divorce

Child support in Alabama usually ends when the child turns nineteen — but it does not stop coming out of your check just because a birthday passed. That second part is the one that costs people money. The income withholding order your employer follows keeps right on running until a court tells it to stop, …

Continue reading "When Can I Get Child Support to Stop Coming Out of My Check"

Posted by Steven A. Harris | Divorce

Yes, you can sometimes go back and change a divorce agreement in Alabama — but what you can change, and how hard it will be, depends entirely on one question: where are you in the process? The answer is completely different for someone who signed a settlement agreement last week, someone whose decree was signed …

Continue reading "Can I go back and change my divorce agreement after the fact?"

Posted by Steven A. Harris | Divorce

You do not have to catch your spouse in the act to prove adultery in an Alabama divorce. Alabama courts accept circumstantial evidence, and the working standard is straightforward to say and hard to fake: you must show your spouse had the inclination to commit adultery and the opportunity to do it. Romantic text messages …

Continue reading "How Do You Prove Adultery in Court?"

Posted by Steven A. Harris | Divorce

The cost of going back to modify your divorce in Alabama depends almost entirely on one question: does your ex-spouse agree to the change? Modifications are handled on a retainer, and retainers for family law matters usually start at $4,000, with the attorney billing hourly against it as the case proceeds. When everyone is in …

Continue reading "How Much Does It Costs to Go Back and Modify My Divorce?"

Posted by Steven A. Harris | Divorce

Divorce lawyers in Alabama charge one of two ways: a flat fee, which is a single fixed price for a defined bundle of work, or a retainer, which is a deposit you pay up front that the attorney bills against by the hour as the case moves along. Flat fees are typically reserved for uncontested …

Continue reading "Flat Fee v. Retainer for Divorce"

Posted by Steven A. Harris | Divorce

A contested divorce trial in Alabama is a bench trial: a circuit court judge, not a jury, hears the evidence and decides every issue the spouses could not resolve themselves, including property division, alimony, child custody, and child support. Both sides present documents and witness testimony, each spouse can be cross-examined, and the judge’s decision …

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

Posted by Steven A. Harris | Divorce

Yes, you can still get a divorce in Alabama even if your spouse refuses to sign the papers or ignores them completely. A lot of people call our office worried that a stubborn spouse can hold the marriage hostage forever. They can’t. What they can do is make the process slower and more expensive than …

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

Posted by Steven A. Harris | Divorce

You signed the divorce papers, and now you are not so sure. Maybe you and your spouse have started talking again. Maybe the reality of splitting the house, the kids’ schedules, and two sets of bills finally set in. Whatever the reason, one of the most common calls our office gets is some version of …

Continue reading "Can I Change My Mind After I Sign Divorce Papers?"