Family Law Helena, Alabama
Family law is a broad term used to refer to the many statutory laws and previous court decisions that affect families legally. Family law can be thought of as an umbrella under which various legal actions are executed.
- Divorce is the most common legal action affecting families. While divorce must legally separate and divide a family and its assets, divorce does not need to destroy the emotional bonds amongst the family members, nor wipe out the family's lifetime savings.
- Divorce can be contested (often called litigated divorce) or uncontested. Uncontested divorce proceedings are usually handled through mediation processes and we are prepared to assist you in either uncontested or contested divorce situations.
- Under Alabama law, certain legal requirements must be met before a divorce can be requested; once met, Alabama law requires a 30-day waiting period. Alabama law also recognizes several avenues through which a couple can divorce, each of which usually varies in cost and always depends on the willingness of each spouse to cooperate with one another.
- Before a court will consider a petition for divorce, two requirements must be met:
- 1) at least one of the spouses must be a resident of the state of Alabama, and
- 2) the court must have personal jurisdiction over at least one of the spouses.
- Once the requirements of residency and jurisdiction are satisfied, then the petition for divorce must be filed in the appropriate county. After the divorce is filed, the other spouse must be notified of the pending action. If the other spouse is not notified, any resulting divorce can be invalidated and set aside. Once notified, a spouse must respond to the notification within the time limits allowed by law (30 days).
- Mediation is a "meeting of the minds", so to speak, for which the disputing parties and at least one attorney are brought together to cooperatively discuss all of the issues or just particular issues.
- The parties form their agreements with the assistance of the mediator. The attorney memorializes the agreements for both parties to review.
- The final agreements are then presented to a court. The parties need not go to court, nor is their confidential information exposed to open court litigation.
- In an uncontested divorce, we can help ensure a smooth transition that satisfies your financial needs and/or those of your children and help peacefully determine child custody and visitation.
Child custody and visitation are perhaps the most important areas of family law, because these legal issues affect the children
- Three main issues typically arise when dealing with Child Custody:
- Temporary custody- Until a final determination can be made, the court must issue a ruling as to which parent will have custody of the child while the litigation is pending.
- Physical custody- This is exactly as it sounds. When deciding physical custody, the court decides which parent will house the children.
- Legal custody- This is a determination by the court of which parent will be the decision-maker. That is, who will decide important life decisions such as schooling and medical needs.
Divorce legally separates and divides family assets. In some cases, a divorce also divides the family, but through a fresh approach to family legal issues we can help ensure the process goes as smoothly as possible.
Alabama Law Services, LLC helps families proceed through a divorce in a way that minimizes the psychological impact on children and parents, reduces the typical turmoil, and preserves the assets of the family for the family's future.
Come see a Family Law attorney at Alabama Law Services, LLC in Helena, Alabama.