Divorce Attorneys in Birmingham

When you and your spouse tied the knot and promised to love each other eternally, there was probably no thought of breaking your vows at the time. But over the years, changes in circumstances, stress, incompatibility, and other issues can lead to the breakdown of a marriage. If the time has come for you and your spouse to part ways, our experienced Alabama divorce attorneys at The McCormick Firm can help. We know how emotional, time-consuming, and financially taxing a divorce can be, and we want to provide you with the legal support you need. Reach out to us today to learn more about how we can help.

Grounds for Divorce in Alabama

In order to file for a divorce in Alabama, you’ll need to provide grounds for the divorce. There are both fault-based and no-fault grounds for divorce in our state; most people pursue divorce based on no-fault grounds, although there are some limited instances when a fault-based divorce might make sense.

No-fault grounds

When a person files for a divorce in Alabama without alleging the fault of their spouse, they are claiming that the couple is incompatible or that the irretrievable breakdown of the marriage has occurred. A party can also file for divorce based on the no-fault grounds of separation for the period of at least two years.

Fault grounds

Conversely, a party may also pursue a divorce against their spouse based on fault grounds – this means that the party is alleging that their spouse did something that has resulted in the necessity of a divorce. Grounds for divorce based on fault in Alabama include:

• Impotence since the time of marriage;
• Voluntary abandonment for at least one year;
• Adultery;
• Imprisonment for at least two years;
• Committing a “crime against nature”;
• Addiction;
• Habitual drunkenness;
• Confinement within a psychiatric hospital;
• Domestic violence; and
• Pregnancy at the time of marriage that the husband was unaware of.

If a divorce is pursued based on fault grounds, then the plaintiff (i.e., the person filing for divorce) must prove the fault of the defendant by providing evidence of such fault.

Residency Requirements for Divorce

In order to file for a divorce in Alabama, at least one spouse must satisfy the state’s residency requirements for divorce. If the defendant is not a resident of the state, then the plaintiff must have lived in Alabama for at least six months prior to filing for a divorce. If you are unsure of whether you satisfy the residency requirements, consult with one of our Alabama divorce attorneys who can advise you.

Filing and Serving Divorce Papers

Once you know on which grounds you will pursue a divorce, and after you are sure that you meet the residency requirements, your attorney will file your divorce papers with the clerk of the circuit court in the appropriate county. Your attorney will also make sure that your divorce papers are legally served to your spouse, normally by hiring a process server to deliver them. If you are the party who is served with divorce papers, it’s important that you respond promptly.

Issues to Settle in a Divorce

Before a divorce can be finalized, there are a number of issues in the divorce that must first be settled. Our divorce attorneys at The McCormick Firm have experience representing clients with regards to each of the following, and we can competently serve you:

• Property division. When a couple is divorcing, they must come to an agreement about how property and debts will be divided. The couple is encouraged to work together to do this, and then to submit the plan to the court. If an agreement cannot be reached, the court will make a property division decision that is equitable. Only marital property–not separate property–will be considered in this decision.

• Enforcement of marital agreement. If a couple has an existing marital agreement (prenuptial or post-nuptial agreement), then the marital agreement should be upheld assuming it is fair and valid. Our attorneys can assist you in enforcing a marital agreement.

• Child custody and support. For divorcing parties who have children, the issues of child custody and support are often the hardest to resolve. The court presumes that it is in a child’s best interests to have a relationship with both parents – there are very few cases where the rights of one parent are totally revoked. In terms of child support, the parent who is not the primary custodial parent will be ordered to make child support payments, as both parents have a duty to provide for a child financially.

• Alimony/spousal support. If one party to the marriage has been financially dependent on the other throughout the course of the marriage, then an award of spousal support may be appropriate. Our lawyers can help you to understand how alimony is calculated and when it is ordered.

What Do Alabama Divorce Attorneys Do?

The job of a divorce attorney is to help you achieve a divorce outcome–whether via settlement or court judgment–that is aligned with your wants and needs. As such, your attorney will:

• Review your case;
• Help you to understand the law and the divorce process;
• Advise you of your options;
• Represent you in negotiations;
• Enforce existing agreements;
• Gather evidence to support your case;
• Consult with experts relevant to your case;
• Review any settlement before you finalize;
• Manage all paperwork;
• Communicate with your spouse’s attorney; and
• Represent you in court.

If your case goes to litigation, our team of divorce attorneys will be by your side throughout the process to represent you and undermine your spouse’s case against you.

Call Our Alabama Divorce Lawyers Today

Representing yourself during a divorce case is never a good idea. Instead, you want a reputable, skilled, and experienced divorce attorney by your side who will fight to ensure that your interests are protected. We also serve Hoover, Alabama, as well as Homewood, Alabama. At the office of The McCormick Firm, our Alabama divorce lawyers can help. To learn more, please visit our office today, send us a message online, or call us at 205-968-1302.