Answers From Knowledgeable Birmingham Attorneys

Get all of your information organized. Prepare all your legal documents and paperwork to have everything on the day of your court appearance.

Visit the courthouse before your first court appearance. Knowing how to get there and any possible holdups, such as road construction, is essential. It may be helpful to drive to the courthouse at the same time of day as your scheduled appearance so you know how traffic will be.

Plan your outfit. Your appearance in court is essential, so you should dress as if you are going to a job interview or business meeting. Keep clothing neutral and pay attention to details such as hairstyle, accessories, and makeup. It is essential to be professional and conservative on the day of court.

Plan your day according to your court appearance. Ensure that nothing interrupts you on the day of your court appearance. Plan to arrive at your appearance early and wait to schedule anything right before or after your appearance is scheduled. If you are expected to work on the same day as your court appearance, talk to your employer well ahead of time to request the day off or make arrangements.

Try to remain calm. You may feel nervous on the day of your court appearance. Staying relaxed during your court appearance and avoiding arguments or conflicts with others is essential. If you are unhappy with the ruling after your appearance, speak to your attorney about the outcome and how to move your case forward.

Alabama has two forms of divorce: no-fault and fault-based. The usual grounds for no-fault divorce are an irretrievable breakdown of the marriage or incompatibility. Examples of fault-based grounds for divorce include adultery, habitual drunkenness or drug abuse, a wife's pregnancy without the husband's knowledge or agency, imprisonment, and domestic violence.

There is no set period for granting a divorce since each case is different. A simplified divorce may be granted 30 days after the filing date of the summons and complaint. Contested divorces can take much longer, depending on how long the parties reach a settlement agreement.

A legal separation is an alternative to the dissolution of a marriage. If the court grants a legal separation, the judge will enter an order establishing the rights and responsibilities of each party. The court may establish spousal support, child support, and child custody arrangements. If one party later chooses to file for divorce, the court may order that the terms of the legal separation be incorporated into the divorce decree. A couple must not go through a legal separation before filing for divorce.

Many people believe that judges favor men or women when creating the terms of a divorce. Our attorneys value fairness and work diligently to ensure that each party is treated according to the law and not according to personal preference. The main objective of child custody and support orders is to provide for the child's best interests. Spousal support is determined by the need and ability to pay, regardless of sex.

The court analyzes several factors to determine the applicability and amount of alimony. Need and ability to pay are the primary criteria for granting spousal maintenance. Other factors include:

• Future earning opportunities.
• Each spouse's contributions to the marriage.
• The standard of living enjoyed during the marriage.
• Each spouse's age and health.
• Each spouse's separate assets.

The primary concern for Alabama courts is the best interests of the child. There is a presumption in favor of joint custody, and sole custody is only awarded if the court determines that joint parenting is detrimental to the child's health, safety, and well-being. If there is a material change in circumstances, the court may modify a custody order and grant custody to the other parent. Communication and a willingness to co-parent are essential considerations when the court considers a joint custody request. If there is a history of domestic abuse, the court presumes that it is against the child's best interests to award custody to the abusive parent.