Ashville Alabama Custody Lawyers and Ashville Divorce Attorneys
How might attorneys at Hill, Gossett, Kemp & Hufford assist with Ashville Alabama divorce actions?
The Holmes and Rahe stress inventory scale identifies divorce as second in the top ten most stressful life events. The loss of control over individual and family matters when going through a divorce action can be overwhelming. When the activities surrounding the division of finances, material possessions and time spent with children are not handled correctly with the help of an experienced Ashville Alabama divorce attorney, a family’s future stability can be negatively impacted, making it difficult to adjust to the change. A Ashville AL family law lawyer can address questions regarding the hurdles that may arise, including harmful impacts to finances that may include losing a family home, and emotional matters involving children.
Ashville Alabama divorce actions.
Divorce actions can be time consuming and cause emotional and financial battles that require professional support from a divorce lawyer in Ashville Alabama where a person can file for divorce if they meet the basic state requirements.
Residency. At least one party to the divorce action must prove they were a resident of Alabama for at least six months before filing for divorce.
No fault. Technically Alabama is not a “no-fault” divorce state, but when parties to a divorce want a no-fault divorce in Alabama, the courts will recognize either “incompatibility of temperament,” or “irretrievable breakdown” as the cause of the divorce. They only need the testimony of one of the spouses in order to determine that the incompatibility exists, so even if one spouse does not want a divorce, the other can still obtain one.
Fault. A fault divorce action can be more effective in favorable settlement outcomes for the non-fault party. Fault actions may include the following:
- Felony conviction
- Willful abandonment for at least one year
- Confinement to a mental hospital for five years
- Imprisonment for two years with sentence of at least seven years
- Habitual drunkenness, or drug use
- Both parties living separately for a period of time before formal divorce action
- Physical or sexual abuse upon the petitioner, or child(ren) of a divorce action
Separation in Ashville Alabama. It is not necessary to file any formal paperwork to begin a separation in Alabama, but one of the parties to the marriage will need to move out of the family home. Couples may want to draft a separation agreement to make it easier when divorce proceedings begin.
Complete paperwork. Although the complaint form is the initial first step to end a marriage, other terms for the divorce must be put in writing and agreed to by divorcing parties and may be referred to as a “marriage settlement agreement.” A copy of the agreement will need to be filed with the County Clerk’s Office where the divorce proceeding is filed and parties should keep 2 copies for themselves for backup and service to the other spouse.
Service. Proof of service is a requirement of a divorce proceeding in Ashville Alabama and can be accomplished through personal delivery, first class certified with return receipt, sheriff, or constable service, or when a spouse cannot be located – publication in a local newspaper for four consecutive months with no response.
Divorce with children in Ashville Alabama.
A Ashville AL child support attorney can help with filing distinctions when children are involved, including a child support information sheet; support obligation income affidavits; child support guidelines forms; and a child support guideline notice of compliance.
Parental education requirements.
Alabama courts have the right to require divorcing parents with minor children to complete a parenting class before granting a divorce in Ashville AL. The Family Law Court Judge has discretion in these cases, and they may require divorcing parents to take a parenting class.
Ashville Alabama Child custody.
A Ashville Alabama child custody lawyer can explain child custody laws, as they pertain to both parents’ legal responsibility to the children. Legal battles involving child custody are best addressed with an experienced child custody attorney in Ashville AL, as the outcomes can be devastating for parents and children alike.
Physical custody – custody that is in the best interests of the child, considering a multitude of factors such as age, parental preference, mental and physical health of parents, child’s community, school, and home environment; parental history of violence; relationship with child and moral standing.
- Visitation in Ashville Alabama – a parent not granted custody, or joint custody of a child is entitled to reasonable visitation rights unless the court finds after a hearing, that visitation would not be in the best interest of the child.
- Family violence impact – in cases involving a history of committing family violence, or domestic abuse, including sexual abuse, a court may determine an award of custody, or visitation in accordance with Alabama State Laws regarding family violence.
- Marital settlement agreement – a formal agreement between the divorcing parties spelling out agreed upon terms regarding child custody, finances, dependent care, shared visitation, and expenses.
- Alimony in Ashville Alabama – financial support to a divorced party from their former spouse, usually the main financial provider of the marriage, by order of the court to maintain stability for the non-working spouse.
- Child support in Ashville Alabama – financial support based on parental income that will cover living expenses related to childcare, insurance costs, education, and extracurricular activities of children. An Ashville Alabama family law attorney can go over the Child Support Guidelines of the state that need to be completed by both parties to the divorce to clear up disputes regarding transparency of income and assets. Financial support requests and problems can be handled with the assistance of a child support lawyer.
- Distribution of marital assets/liabilities – Alabama courts will encourage both parties to the divorce to come to an agreement about asset and liability distribution and if an agreement cannot be made, the court will intervene.
- Emergency support – financial support for separated spouses before the divorce can be finalized on spousal/child support matters.
Seek legal counsel.
Individuals should consult with a family attorney at Hill, Gossett, Kemp & Hufford, P.C., who can answer legal questions and draft relevant divorce documents to diffuse the emotional, financial, and family upheaval associated with divorce and child custody actions.
Hill, Gossett, Kemp & Hufford, P.C.
Attorneys at Law
Moody Professional Building
2603 Moody Parkway, Suite 200
Moody, Alabama 35004
Alabama Code 30-2-1
Alabama Code 30-2-51
Alabama Code 30-3-150