ALABAMA DIVORCE AND CHILD CUSTODY LAWYERS
The Attorneys At Bradford Ladner, LLP. Can Assist You With Your Alabama Divorce
According to U.S. Census data, there were over 20,000 divorces in Alabama in 2009. Most everyone has been touched by divorce at some point in their lives. If you find that you are facing an Alabama divorce, don’t face it alone. You need experienced divorce attorneys to assist you regardless if the matter is settled without a trial or tried to a conclusion. The legal aspects of divorce in Alabama are complex and the effects of divorce are probably more far reaching than you may imagine. Divorce can affect your financial life, your property, your credit, not to mention your physical and mental well being. It certainly helps to have an advocate trained in divorce law at your side. William K. Bradford and Amber L. Ladner are experienced Alabama divorce attorneys who can provide you the much needed guidance and legal advice to help you through you divorce.
Alabama Divorce – Grounds For Divorce In Alabama
The “grounds” for an Alabama divorce are simply the reasons or basis for the divorce. The Alabama Divorce statutes set out the various grounds for divorce. The most common ground for divorce is incompatibility of temperament and irreconcilable differences. This ground is present where the couple cannot seem to agree on even the most basic decisions in the marriage, such as finances, the raising of children, lifestyle, and other such day to day issues. These two common grounds for divorce are referred to as “no fault” divorce grounds.
The Alabama divorce statutes also allow for divorce for such things as physical or mental incapacity, adultery, abandonment, imprisonment, habitual drunkenness or drug addiction, violence or cruelty, and failure to support. If you are considering a divorce and need assistance with deciding what the appropriate grounds for divorce may be, call our experienced Alabama divorce attorneys and they can assist you.
Settlement or Trial
Another major decision you will face in any divorce action is whether or to settle your case or whether to take your case to trial. There typically are no juries in Alabama divorce cases, and the case is typically heard before a single judge who will hear the evidence and decide the case. If you should decide to try your case before a judge it is imperative that you obtain the assistance of qualified divorce attorney to present your side of the case to the judge. Equally important, is the assistance of a qualified divorce attorney in making a decision to settle your case. Only a trained, experienced, and qualified Alabama divorce attorney can evaluate your financial situation, your immediate circumstances, your future needs, and the good and bad aspects of your case in order to determine whether a favorable settlement may be reached.
There are circumstances in which you and your spouse may agree that a divorce is necessary, and may also agree as to the terms of that divorce. If this is your situation, a no-contest Alabama divorce may be possible. In a no-contest divorce the parties typically enter into a written agreement which sets out their rights and duties, as well as disposes of their real property and personal property, and if applicable sets out the custody arrangement for any children.
Even if your case is a no-fault Alabama divorce case, we encourage you to seek the assistance of qualifying legal divorce counsel in order to assure that the terms of your agreement are fair to you and represent your best interest. If you and your spouse agree that a divorce is necessary, and agree as to the terms of that divorce, we encourage you to call the Alabama divorce attorneys at Bradford Ladner, LLP. and let us assist you. If your spouse has presented you with a divorce complaint and a proposed agreement, we would also encourage you to call us so that we can assist you in reviewing the proposed agreement to ensure that it is fair to you and provides the best possible outcome for your benefit.
Child Custody and Visitation Rights
If your Alabama divorce case involves children, then matters of child custody, child visitation, and child support must be taken into consideration. In Alabama divorce cases, matters of custody are determined by a judge based upon their discretion in the consideration of certain factors. The factors taken into consideration by the judge include, the best interest of the children, or the welfare of the children, a character and conduct of the parties, whether there is fault on one or more parties, whether the child is a boy or girl and their age, each parent’s participation in the past care and custody of the child, the economic condition of the parents, the preference of the child, and any potential agreement of the parties. Child custody cases can be very complicated and the assistance of experienced divorce attorneys is crucial. In the event of trial you should be represented by qualified Alabama divorce attorney who can present to the judge evidence on your behalf is that each of the factors on which the judge will determine custody. The party who does not receive custody should receive visitation rights with the children. Here again, or having an experienced Alabama divorce attorney at your side is to your benefit so that the visitation plan is devised in such a way as to provide meaningful visitation between parent and child in such a way as to promote the welfare of the children, and to promote an in-depth relationship between the child and the noncustodial parent.
Additionally, where children are an issue in an Alabama divorce, the issue of child support must be addressed. Courts in Alabama have the responsibility to ensure that minor children are taken care of financially. The court’s job is to determine the amount that the noncustodial parent should contribute for support of the minor children. In Alabama the court uses Child Support Guidelines adopted by the Alabama Supreme Court in setting the amount of child support. However, there are times when the guidelines are unfair or inappropriate in the court may deviate from the guidelines. Having experienced Alabama divorce attorneys on your side will help you identify the appropriate amount of child support in any given case, and whether your case is an exception to the guidelines calculations which could result in either more or less child support being paid.
Real Estate and Personal Property
Courts in Alabama have the authority to divide both real estate and personal properties between the parties in an Alabama divorce. The court has the power to order either party to convey their interest in land or personal property to the other party in an effort to obtain and equitable distribution of property. In general terms, or any property which is used for the common benefit of the husband and wife during the marriage may be divided between the husband and wife in a divorce. This generally holds true for property that was owned by either the husband or wife prior to the marriage, so long as it was used for their common benefit. There are important exceptions to these rules. An experienced Alabama divorce attorney can help guide you in determining whether the property involved in your divorce should rightfully be awarded to you, or whether it should be split between you and your spouse. An experienced Alabama divorce attorney can look after your best interest to determine a proper division of the marital property.
In a historical context, alimony was intended to support the wife after a divorce. In modern times, alimony awards are less common because both husband and wife typically have opportunities for careers and to enhance their earning capabilities. However, there are circumstances in which alimony is warranted. Factors which weren’t an award of alimony include such things as a long-term marriage, whether one spouse has been a stay-at-home parent, or whether there is an equal earning ability or education between the spouses. An experienced Alabama divorce attorney can assist you in determining whether an award of alimony is warranted in your divorce.
If you are facing a situation of divorce you need quality legal counsel to provide competent and wise counsel in order to protect your rights. In order for any attorney to provide you good counsel in your divorce they must possess the necessary experience in handling divorce matters in the past, be familiar with Alabama divorce laws, and have the courtroom experience necessary to present your case in its most favorable light to a judge in the event of a trial. The attorneys at Bradford Ladner, LLP. have the courtroom experience and the knowledge of Alabama divorce law necessary to assist you with all your divorce needs.