Divorce Attorneys in Hoover, Alabama

Getting divorced is one of the most heart wrenching decisions individuals ever have to make. Ending a marriage for which you have made a lifetime commitment can feel like a major failure, and going through the divorce process often causes a lot of anxiety and stress. There are a lot of difficult issues that need to be settled during the divorce, and there is also great uncertainty about what life will be like when it is all over.

If you are facing a divorce, you do not have to go through this alone. At The McCormick Firm, we understand what divorcing spouses face, and we are here to provide strong legal guidance and moral support during this difficult time. We have several years of experience helping clients in Hoover and nearby Alabama communities with all types of divorces, from the simplest to the most complex. We stand by your side, and we take the time to listen and understand your needs and what issues are most important to you, so we can best represent you during this process.

Uncontested and Contested Divorces in Hoover, AL

Your divorce may be a fairly smooth process that can be done with minimal expense if it is uncontested and you and your spouse are in agreement on the terms and conditions. An uncontested divorce is most common in situations when there are limited assets, no children, and the couple has not been married for very long. But even in cases like these, it is still a good idea to retain an attorney to prepare the necessary documents and ensure that you are following the proper procedures.

If you do have more assets, children, and other complicating factors, there is likely to be at least some disagreement between the spouses about certain issues. But if they are still mostly in agreement, working out a settlement should not be too difficult (although it will probably still require some negotiation). If there are major disagreements or outright conflicts between you and your spouse, then you will need to prepare for a longer negotiation and even the possibility of litigation. Whatever the case, you will want an experienced attorney by your side advocating forcefully for your rights and interests.

Important Issues to Resolve during a Hoover, AL Divorce

We will guide you through the common issues that will need to be settled during your divorce, which may include:

• Division of Assets: You will need to work out the distribution of your marital property, which generally means property that was acquired while you were married, although there are some exceptions. In Alabama, the marital estate is divided in a “fair and equitable” manner, which does not necessarily mean 50/50. It is always best to work out the terms of the property division with your spouse rather than taking you to court where it can become costly and it is more difficult to predict the outcome. If it comes to that, however, you will benefit from our extensive litigation experience.

• Alimony/Spousal Support: Alimony, also known as spousal support or spousal maintenance, is part of some divorce settlements, but the payment of support from one spouse to another is not automatically assumed in every case. The court examines several factors to determine if alimony is appropriate, and it is generally paid in divorces where there is a significant difference in income between the two spouses, one spouse is heavily dependent on the other’s income, and/or the couple has been married for several years.

• Child Support: If you and your spouse have children together, you are both required to provide ongoing financial support until the child reaches the age of majority or becomes emancipated. Alabama uses an “income shares” model to determine the responsibility of each parent, with the noncustodial parent paying his/her share of the support to the custodial parent. Although the state uses a preset formula to determine support payments, this determination can be modified based on various factors that are deemed relevant by the court.

• Child Custody/Visitation: Alabama courts prefer that both parents maintain an active role in the lives of their child(ren). This does not necessarily mean the parents would have joint physical custody as that would be impractical in many situations. However, if one parent has sole physical custody, the other is usually given liberal visitation rights unless it can be shown that doing so would not be in the best interests of the child.

There are some more complicated matters that may also need to be resolved during your Hoover divorce, such as:

• Enforcement of Marital Agreements: If there is a prenuptial or postnuptial agreement, the terms and conditions of this agreement would need to be adhered to, as long as they are fair and valid. Marital agreements can be applied to property division and spousal support, but they do not apply to child support.

• Divorces with Complex/Unique Assets: Some couples have significant assets, some of which may be more complicated and difficult to properly evaluate and divide. Examples may include family-owned or closely held businesses, stock options, international investments, rare jewelry, and collectible automobiles. In such cases, it may be necessary to bring in outside experts to help determine the value of each asset.

• Military Divorces: There are a lot of members of the military that are stationed in Alabama, and when someone in the military gets divorced, there are additional laws that would apply. These may include the Soldiers and Sailors Civil Relief Act and the Uniformed Services Former Spouses’ Protection Act (USFSPA).

• Divorces with a Special Needs Child: When a divorcing couple has a child with special needs, there are additional issues that must be considered, such as the ongoing medical costs that must be paid to care for the child, appropriate adjustments to a typical visitation schedule, disability accommodations at the home of the noncustodial parent for visitations, and many others.

• Divorce Tax Implications: With any divorce, the tax filing status of the spouses will change. In addition, there could be other tax consequences, such as being in a different income bracket and being required to pay capital gains taxes on the sale of a piece of real estate. It will be important to address all of the tax implications of the divorce to help ensure that there are no unpleasant surprises at tax time.

Call Our Skilled and Compassionate Hoover, AL Divorce Attorneys Today

If you are facing a divorce or thinking about dissolving your marriage, The McCormick Firm is here to help. For a consultation with one of our attorneys, message us online or call our office today at 205-968-1302. We look forward to serving you!