WHAT OUR CLIENTS SAY
Decatur Domestic Relations Lawyers
Huntsville Domestic Relations Attorney
We can help you in Madison, Morgan, Lawrence and Limestone Counties and the surrounding areas.
Divorce can be very difficult in a person’s life. A crisis within a family in Alabama, such as a divorce or a child-custody dispute, can be the most stressful and heart-wrenching event any person or family can endure. You need to choose the right family attorneys for your case so the best possible outcome can arise. It is important to know the Alabama divorce laws and work with a domestic lawyer who can protect your interests while helping you resolve disputes and move forward with your life. Although our divorce attorneys will not heal the pain, competent lawyers with legal experience and advice can put a person on the right path to dealing with these complicated issues. If you are having marital problems in Decatur, Hartselle, Athens or Huntsville, Alabama, call us now. Call 256-534-3435. We are here to help.
At Ferguson & Ferguson, we understand the challenges and emotional toll that divorce can take on individuals and families. Our team of experienced divorce attorneys is dedicated to providing comprehensive legal services to clients throughout Madison, Limestone, and Morgan Counties.
We offer assistance in various aspects of divorce, including legal separation, child custody and visitation, child support, spousal support, property division, domestic violence restraining orders, and paternity actions. Our goal is to help you navigate these complex matters and achieve the most favorable outcome for your case.
We also understand that circumstances may change after a divorce, and we can assist you with modifications to existing orders related to custody, visitation, child support, and spousal support. Our offices in downtown Decatur and Huntsville, Alabama, are conveniently located for your convenience.
We recognize the importance of seeking legal counsel during this challenging time, and we encourage you to reach out to us for a consultation. You can call us at 256-534-3435 or 256-350-7200, or you can email our Alabama family law firm to schedule an appointment. We are committed to providing the support and guidance you need during this difficult process.
Remember, you don’t have to face divorce alone. Contact us today and let our experienced team at Ferguson & Ferguson help you through this challenging time. We are here to provide the resources and representation you need for a smoother transition.
Domestic Relations Questions and Answers-FAQ’S
Is there a waiting period after a final judgment of divorce is granted?
Yes, there is a waiting period after the final judgment of divorce is granted. This waiting period typically lasts for 60 days. During this time, neither spouse is permitted to re-marry, unless the spouses are choosing to re-marry each other. It is important to note that the waiting period can be appealed, and during the appeal process, neither spouse is allowed to marry.
How is property divided in divorce in Alabama?
In Alabama, property division in a divorce aims to achieve a fair distribution between the spouses. When it comes to dividing property, there are two main categories: separate property and marital property. Separate property typically refers to assets that each spouse individually owned before the marriage, such as inheritances, gifts, or properties acquired prior to the union. Throughout the divorce process, these separate assets are usually retained by the spouse who originally brought them into the marriage.
On the other hand, marital property encompasses assets acquired jointly by the couple during their marriage. This can include real estate, bank accounts, investments, vehicles, and other valuable items. When it comes to dividing marital property, the courts in Alabama typically strive for an equitable distribution, which means a fair but not necessarily equal split.
To determine what is equitable, the court takes several factors into consideration, including the duration of the marriage, the financial contributions made by each spouse, the earning capacity of both parties, and the overall economic circumstances of each spouse. Additionally, the court may also consider the non-financial contributions made by each spouse, such as child-rearing or homemaking responsibilities.
It is important to note that Alabama follows the principle of equitable distribution rather than community property, which means that property and assets are not automatically divided 50/50. Instead, the court evaluates the unique circumstances of each divorce case to ensure a fair allocation of marital property.
In summary, in an Alabama divorce, separate property is generally retained by the spouse who brought it into the marriage, while marital property is divided in a manner that is deemed fair and equitable by the court, taking into account various factors that impact the overall financial position of each spouse.
What are the grounds for divorce in Alabama?
In Alabama, the grounds for divorce can be categorized into two main types: no-fault divorce and traditional divorce.
The most common method of divorce in Alabama is no-fault divorce, which does not require proof of any wrongdoing by either spouse. The grounds for a no-fault divorce include incompatibility and irretrievable breakdown of the marriage. These grounds acknowledge that it can often be challenging to establish fault or blame in a marriage dissolution.
Alternatively, traditional grounds for divorce in Alabama are based on specific acts or behaviors by one spouse that are considered severe or detrimental to the continuation of the marriage. These grounds include adultery, which refers to a spouse engaging in extramarital sexual relationships; abandonment, characterized by one spouse leaving the other for a minimum duration of one year; imprisonment, where one spouse is incarcerated for at least seven years; addiction to drugs or alcohol after the marriage has taken place; incurable mental illness; and instances of domestic violence, whereby one spouse inflicts harm or violence upon the other.
It is important to note that these grounds for divorce in Alabama are provided as a general overview, and it is advisable to consult with an attorney or legal professional for specific advice tailored to individual circumstances.
What procedure is used to end a marriage in Alabama?
In Alabama, there are various options available for individuals who want to end their marriage. The state’s laws provide for both no-fault divorce, where neither spouse needs to prove any wrongdoing, and traditional divorce, where one spouse files a complaint against the other.
No-fault divorce is the most commonly chosen method, as proving fault can often be challenging. Incompatibility and irretrievable breakdown of the marriage are considered as grounds for a no-fault divorce.
Traditional divorce, on the other hand, involves specific grounds for filing. These grounds include adultery, abandonment lasting at least one year, imprisonment of one spouse for at least seven years, addiction to drugs or alcohol after the marriage began, incurable mental illness, and domestic violence committed by one spouse towards the other.
To file for divorce in Alabama, one spouse must have been a resident of the state for a minimum of six months prior to filing. The divorce complaint must be filed in the appropriate county. After filing, there is a mandatory 30-day waiting period before the final judgment of divorce can be granted. The divorce process is treated as a civil action, and the proceedings are overseen by a judge. If the spouses are unable to reach an agreement, the judge will decide on matters such as child custody, child support, alimony, and the division of marital property based on information presented by both parties.
In Alabama, the division of property aims to be fair. Generally, each spouse is allowed to keep the property and assets they brought into the marriage, while any property acquired jointly during the marriage is divided between the spouses.
After the final judgment of divorce is granted, there is a mandatory 60-day waiting period during which neither spouse can remarry, except for the circumstance where the former spouses wish to remarry each other. It is worth mentioning that this waiting period can be appealed, but during the appeal phase, neither spouse is allowed to marry.
How can Ferguson & Ferguson assist me with my divorce?
Ferguson & Ferguson understand that going through a divorce can be a complex and emotionally draining experience for those involved. With our extensive experience in representing divorce clients in Huntsville, we are well-equipped to provide the necessary assistance throughout the entire divorce process.
Our team of skilled Huntsville divorce attorneys is dedicated to making the divorce process as smooth and uncomplicated as possible for our clients. We recognize that most individuals seeking a divorce desire a timely resolution with minimal difficulties. Therefore, we strive to guide our clients through this challenging phase while ensuring their best interests are protected.
One of the key ways we assist during a divorce is by helping our clients navigate the intricate division of assets. We understand the complexities involved in this process and work diligently to help achieve a fair and equitable distribution of property. With our knowledge and expertise, we can provide valuable guidance to ensure our clients receive the assets they are entitled to.
Determining child support can be another intricate aspect of divorce. At Ferguson & Ferguson, we recognize the importance of securing the necessary financial support for children involved in a divorce. Our attorneys have the expertise to assess various factors, such as income and expenses, to help establish an appropriate child support arrangement that considers the well-being of the children.
Additionally, we understand that child custody issues can be emotionally charged and sensitive. Our compassionate attorneys are here to assist in reaching an agreeable child custody arrangement that prioritizes the best interests of the children. We provide knowledgeable representation and work towards achieving a resolution that promotes healthy co-parenting and maintains the well-being of the children involved.
Throughout the entire divorce process, we offer our clients considerate support and attentive representation. We are committed to providing personalized assistance tailored to each client’s unique circumstances. Our ultimate goal is to secure the best possible outcome for our clients’ divorce cases.
If you or a loved one are considering a divorce in Huntsville, do not hesitate to contact a highly respected Huntsville divorce attorney at Ferguson & Ferguson. We are here to guide you through this challenging process, minimize difficulties, and advocate for your best interests.
Divorce Lawyer Decatur Alabama
At the law offices of Ferguson & Ferguson, we know that family matters are the most sensitive, private and important issues in your life. We understand that this time could be one of the most difficult and traumatic times in your life and your family’s lives. That is why we offer you the personal attention, consideration and support that you deserve. Our knowledge and experience in this area enable us to provide you with all the information you need, when you need it, so that you may make the right decisions. We are committed to you and your family during the initial divorce and custody cases and in any related matters thereafter. We care about you, your family and your case.
We provide comprehensive legal services to clients throughout Madison, Limestone and Morgan Counties in matters involving divorce, legal separation, child custody and visitation, child support, spousal support, property division, domestic violence restraining orders, as well as paternity actions. We can also assist you with modifications of your current orders relating to custody, visitation, child support, and/or spousal support.
We understand that right now may be a difficult time for you and your family and that is why we believe it is important to speak with an attorney right away. Our offices are conveniently located in downtown Decatur and Huntsville, Alabama. If you need assistance with any family law matter, do not hesitate to call us at 256-534-3435 or 256-350-7200, or e-mail our Alabama family law firm to schedule a consultation today. Call now. We are here to help.
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Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801
Decatur Office Location:
211 Oak Street, NE
Decatur, AL 35601