Overview of Alabama Family Law
Family law in Mobile, Alabama covers a variety of legal matters that can affect your entire family. It includes issues related to divorce (dissolution of marriage) and its impact on you and your family, such as child custody and support, property division, and protection from domestic violence. Obviously, it is a very sensitive and important field of law. Divorce law and the multidisciplinary practice are an intimate, multi-faceted area of law that can be somewhat overwhelming to residents who have no experience in this field.
At Galen Wright, L.L.C., we are mobile divorce attorneys who believe in providing truthful guidance and solid representation in legal matters . Whether you are contemplating legal separation from a spouse, facing divorce, seeking alimony, or involved in an overseas child custody dispute, we provide advice and counsel based on years of experience and a comprehensive investigation of the facts underlying your case. We listen carefully to your concerns and address your issues so you know where you stand and how the legal process will work in your situation, and what to expect at different stages of the litigation. We are your partners in the legal process, fighting for your best interests and enforcing your rights under the law. We provide aggressive, knowledgeable representation in all family law matters.
How to Select the Right Family Law Attorney
Selecting a family law attorney is a critical component of the process, and in Mobile, Alabama, it is essential to choose an attorney with experience and expertise in this particular area of law. One must look for an attorney who is well versed in the relevant laws and regulations specific to the state of Alabama. Furthermore, a successful track record with similar cases should also be considered when making this choice. Experienced family law attorneys will have the ability to provide excellent counsel throughout the duration of the case. An attorney’s qualifications also matter when seeking out the best representation. Keeping track of their degrees and certifications from accredited institutions is important, as well as their active memberships in any family law or business organizations. Reputation should always be examined when choosing an attorney. The regulatory body overseeing the counseling of Alabama attorneys regularly reviews each member’s qualifications and licenses. A quick review of your attorney’s legal history will reveal whether or not he or she is the right fit for your case.
Common Family Law Issues in Mobile
In Mobile, Alabama, the most common family law cases involve divorce, child custody, alimony, and issues of domestic violence. Each of these areas is governed by specific laws in Alabama, and understanding these regulations and their potential outcomes is crucial for anyone facing a legal dispute related to the family.
Divorce cases are frequently based on either "fault" or "no-fault" grounds. No-fault grounds for divorce exist when the parties simply don’t want to be married anymore. Under such circumstances, the parties agree that the marriage is "irretrievably broken," which is one ground for a no-fault divorce under Alabama law. The parties have a legal termination of their marriage but do not assign blame for the breakup. If they do not agree that the marriage is over, then they can seek a no-fault divorce under the second no-fault ground – living in separate residences for six months and having no sexual relations.
Fault grounds for divorce are another matter entirely. Alabama has a lot of fault grounds for divorce, including abuse, domestic violence, drug abuse, adultery, criminal activity and other reasons. The spouse filing for divorce must provide evidence to establish the fault grounds to the court. If the other spouse has behaved poorly, it could have an impact on the divorce itself because if alimony is awarded or if the property is divided unequally, it is generally due to the bad acts of one party.
The most controversial subject in divorce is often child custody. Judges in Alabama tend to award joint physical custody if it is possible. The goal is to keep the family and the children as intact as possible, meaning the child has equal time with both parents whenever possible.
If the judge determines that joint custody is not in the best interest of the child, one parent will be awarded primary custody; the other parent will be given visitation rights. Visitation rights might or might not include overnight visits during the week or on weekends. The term "visitation" can be negotiated as well, so that it works for both parents.
When spouses divorce and one person has an income significantly higher than the other, the higher-wage earner might face an order of alimony. Familial ties are presumed to diminish the earning ability of one spouse over the other, which means the higher-wage earner may be required to pay the lower-wage earner until he or she can get education or training to become self-sufficient. The parties could also negotiate a settlement that permits the lower-wage earner to receive a different compensation rather than alimony, depending on the circumstances.
Spousal support is another word used for alimony. The judge can consider a number of factors when determining whether to award spousal support, including:
Domestic violence typically occurs in a home behind closed doors, where the victim can’t get help. You will find laws in the Alabama Family Code that relate to domestic violence. A victim of domestic violence can file for a protective order to stop the abuser from contacting him or her. Victims can also ask for compensation from the abuser so that they can recover from their injuries and so that they can get some space away from the abuser. Victims of domestic violence have the same rights as other parties when it comes to an order of protection if they meet the criteria established in the code.
Dealing with Divorce in Mobile
In the City of Mobile, a divorce is officially granted by a judge and made effective when the court clerk has signed the final decree of divorce. A divorce in Mobile starts with one person filing a petition for divorce in the circuit court. The requirements for a petition for divorce in Alabama are as follows: The next step is that the other party is served a copy of the petition for divorce, along with a notice to appear at a hearing. In certain uncontested cases, the receiving party waives service which will result in a delay of the hearing until approximately 25 days after the petitioner files the complaint. If the responding party does not agree to waive service, service will be obtained by following an Alabama civil procedure that will include personal service, service by certified mail, or service of process through a licensed private process server. If agreement still has not been reached by the two parties by this point, discovery will be used. Discovery is the formal process of exchanging information, documents, and other evidence related to a divorce case. Promptly after this process has begun, a mediation will usually occur prior to a trial date being set. Mediation is the process where a mutually agreed upon third party makes every effort to bring about a negotiated settlement between the parties involved. During mediation, both parties have the guidance of their respective counsel and the mediator. A weak resolution as far as support and alimony payments may not be enough to satisfy certain client’s needs after the divorce is finalized. The process is civil, confidential and is not intended to replace the role of the judge if mediation fails. The third party mediator must stay neutral and never make any decisions for the parties, the court, or their attorneys. After the process of mediation is complete, the judge will set a trial date that each party must attend. There will be a written discovery necessary to be answered by all parties. At this point, a notice of a deposition will be made, thus requiring that the witness must give oral testimony under oath. At the end of this process, each party will leave with a better understanding of the contentions of both sides.
Child Custody and Support in Mobile
In Mobile, Alabama, child custody and support matters are handled through the circuit court system. A family law judge will ultimately determine the outcome based on the best interests of the child or children involved. The judge will have discretion over a range of factors that will influence the amount of time each parent spends with their children and the amount of outcome-based support that may be required, including health care, extracurricular, and advancement payments.
Legal custody relates to the rights and responsibilities of raising a child. A parent with legal custody is responsible for making all decisions regarding how the child is raised. This includes decisions regarding religion, school, and healthcare. Because of the importance of these decisions, the family law courts typically prefer to award joint legal custody to both parents .
Visitation rights are indications of how the parent not living with the child may spend time with the child. Visitation agreements include the number of days each year a parent can see the child, the duration of visits, how long overnight visits are permitted, and how transportation to and from visitations is handled.
The amount of outcome-based child support is determined by a number of factors, including the duration of marriage, the existence of a family business, the employment of the parties, earning potential, the division of property, and levels of education. These factors are typically handled in the discovery phase of a child support case and then used to calculate what the support payments should be.
If a person does not follow a child support order, the court can compel them to do so and even garnish their wages if necessary.
Why It’s Essential to Hire a Local Attorney in Mobile
Clients often wonder about the benefits of hiring an attorney who is based locally, especially in regions where a number of people come together from different parts of the country for work, retirement and recreation. It is important to find a lawyer that you connect with on a personal level as well as having the experience and knowledge to see you through a difficult time. Someone who is familiar with the local landscape, and knows how to negotiate these sensitive matters with the local judges and officials, serves that purpose very well. With these circumstances in mind, a relationship with a long-term Mobile area resident makes the most sense.
An added benefit of hiring a lawyer who lives and has lived in Mobile for years, is that he/she will have a strong network of contacts to use should the need arise. More so on the Peninsula than in the city, the local connections that a longtime resident possesses can be invaluable to your case. Those who relocate here tend to rely heavily on the services of their coworkers, friends and other associates to help make the adjustment to the new geographic area, so why limit your choices to the new "transplant to Mobile? Having lived most of my life here, I have been able to effectively practice law because of my extensive relationships. Another benefit of using someone who is a lifelong resident here is their ability to help you find the resources you may need. For instance, let’s say you and your spouse need help finding a new place to live as you enter into your new arrangement. An attorney familiar with the area will be able to help you understand where you may want to begin your search in a way a newcomer never could.
Client Reviews and Experiences
"Success in a challenging custody battle. When my ex-husband and I divorced I really thought we were amicable for the most part, but it became apparent that my ex was exhibiting narcissistic tendencies and would fight me over anything when it dealt with our kids, no matter if it was in their best interests or not. I reached out to Andrew at For the People in Mobile and he was excelled. I worked with his secretary and she always got back to me right away. Andrew is very experienced and has the connections when it comes to the court house and getting what is best for the kids. When you deal with the family law it can be very emotional, especially in a situation like mine. I’m very thankful I found Andrew and the For the People team to help with my case."
"Reasonable fees and great value. I bought a business and needed a title for the Alabama ABC license. I had lots of transactions to close. Diego did a great job, charged reasonable fees, and presented great value! I recommend them!"
"My family was in a horrible type of litigation and when other attorneys did not know how to proceed with our case, they said we should go the For The People. At first I was skeptical, as it was not one of my first choices. But my entire world changed when I hired them! Their motto is ‘We treat you like family’ and they truly delivered. My case was taken over and completed in 5 months. No minimal communication either, they called every week or two to let us know what direction things were going! If we thought they were doing something wrong or taking too long, they rushed the process in our favor! Amazing attorney Steven Jones and staff that treated our family like their own! Thank you from the bottom of our hearts!"
"I wanted to take a minute and thank the people at For The people. My experience was nothing short of perfect. They handled my custody case with such grace and poise. I felt they had my best interests at heart and it showed on the day of court. I was so happy with the outcome and would suggest using this firm over any other. I wish there were more people like Diego that actually care about the clients. I am truly thankful for his support and effort in this case. Thank you for the bottom of my heart!!!"
Final Thoughts
In conclusion, the importance of choosing the right family law attorney in Mobile, Alabama, cannot be underestimated; from getting results that are favorable to your needs or even knowing how to give you a heads up as to what to expect for your particular case, the best family law attorneys are able to use their knowledge and expertise to help you get the results that you need. Too many people put off finding a family law attorney when they really need one , thinking that they would only end up wasting the lawyer’s time and theirs when they could just figure out what they needed without help. But while a family law attorney is not necessarily a last resort, a good family law attorney might be able to help you to more quickly get the results that you need, saving you time and money in the long run and giving you peace of mind.
Looking for a good family law attorney can be a tough endeavor if you are not familiar with how to recognize one when you see one, but with some help, you can be equipped to handle whatever comes your way when searching for the right family law attorney for your situation.