Before you file your divorce paperwork in Birmingham, you should seek help from an attorney. Divorce can be stressful, and you don’t want to base decisions on emotions and past negativities. The legal process is intricate and can take time, especially when your spouse intends to make things difficult. In Alabama, you can get a no-fault divorce, stating the marriage is beyond recovery. No matter whether you have a fault-based divorce or want to settle things amicably with your spouse, your lawyer remains your best asset to propel the process forward. If you want a low-cost consultation, click here. In this post, let’s discuss the divorce process in Alabama.
Contested vs. uncontested divorce
There are some typical issues in most divorces, such as child custody, child support, asset & debt distribution, and alimony. If you and your spouse have managed to resolve these, you can have an uncontested divorce, for which you must have a separation agreement. The agreement will be checked and reviewed by the judge before they give a decree. In a contested divorce, separating spouses fail to negotiate or come to an acceptable agreement, and as a result, the matter ends up in court. If, at any point, the parties intend to cooperate, they can consider mediation.
Know the state laws
There are residency requirements that you must fulfil to file for divorce in Birmingham or anywhere in Alabama. You have to file the case in the right county court and must have lived in Alabama for at least six months. In Birmingham, divorce papers are filed in Jefferson County. There is a waiting period of 30 days from the filing date, and one must wait to get the divorce finalized. Contested divorces can continue for a long time, often months or years, depending on where the couple stands with their issues.
Do you need a divorce lawyer in Birmingham?
The short answer is yes. While the laws don’t require you to have an attorney to initiate the process, this could be a critical step to protect yourself. Keep in mind that your spouse has an attorney and will fight for their interests. With a lawyer, you have a better understanding of state laws and can expect to get support through the legal mess. Once you set the expectations right, the lawyer will find the best way forward and negotiate accordingly with the other party.
How do you find a competent family lawyer in Birmingham?
First, start with references. Talk to people you know to find out about attorneys they have worked with. You can also find ready listings of family law firms in Birmingham online. Ensure you have a clear idea of the lawyer’s profile and work experience so far before meeting them. Scheduling a consultation is just as critical, where you get to know the attorney in person. Carry all relevant financial and other documents along with evidence, and it is imperative to be fair and transparent. Your lawyer can only help when you share all the details.
How much do divorce lawyers charge in Birmingham?
Many law firms in Birmingham will work on a flat fee for uncontested divorces, where the attorneys just have to handle the paperwork. However, for a contested divorce, a retainer and hourly fee are necessary, and you can ask for a ballpark. If you can resolve issues sooner, you don’t have to pay a fat fee.
Final word
Whether you are in a legal mess fighting for custody of your minor child or believe your spouse is hiding income and assets, you should hire a lawyer. Even in a simple divorce, your lawyer can be instrumental in getting a fair and justified outcome.
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