Divorce Lawyers – Mobile, AL

Divorce law governs the dissolution of a marriage, encompassing a range of legal issues that couples must navigate to end their marital relationship legally. It is important that you understand your rights and obligations during this challenging time.

At Hernandez & Associates Law Firm, we are determined litigators prepared to protect your interests throughout your family law case. We assist individuals and families with their legal needs in Mobile and Baldwin counties as well as the surrounding communities, no matter how simple or complex the issue. If you need legal guidance in Alabama, we can help.

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Divorce Law in Alabama

Divorce in Alabama is governed by a set of statutes and court rules designed to address the dissolution of marriage, division of property, alimony, child custody, and support. Understanding these laws is crucial for individuals going through a divorce in the state.

Grounds for Divorce

Alabama recognizes both no-fault and fault-based grounds for divorce. A no-fault divorce can be granted on the grounds of an irretrievable breakdown of the marriage or incompatibility. This means that neither spouse needs to prove wrongdoing by the other. In contrast, fault-based grounds require proof of specific misconduct such as adultery, abandonment, imprisonment, drug or alcohol addiction, mental incapacity at the time of marriage, or domestic violence.

Residency Requirements

To file for divorce in Alabama, at least one spouse must be a resident of the state for a minimum of six months prior to filing. This residency requirement ensures that Alabama courts have jurisdiction over the case.

Division of Property

Alabama is an equitable distribution state, meaning that marital property is divided fairly, though not necessarily equally. The court considers various factors when determining property division, including the length of the marriage, each spouse’s contributions (both financial and non-financial), and each party’s future needs. Separate property, such as assets acquired before the marriage or through inheritance, is generally not subject to division.

Alimony / Spousal Support

Alimony, or spousal support, may be awarded to either spouse based on need and the ability of the other spouse to pay. The court evaluates several factors, including the length of the marriage, the standard of living during the marriage, the age and health of both parties, and the earning capacities of each spouse. Alimony can be temporary, rehabilitative, or permanent, depending on the circumstances.

Child Custody & Support

In cases involving children, Alabama courts prioritize the best interests of the child when determining custody arrangements. Custody can be awarded as joint (shared by both parents) or sole (awarded to one parent). The court considers factors such as the child’s age and health, the emotional ties between the child and each parent, each parent’s ability to care for the child, and any history of family violence or substance abuse.

Child support is calculated using the Alabama Child Support Guidelines, which consider both parents’ incomes, the number of children, and the amount of time each parent spends with the children. Support payments are intended to cover the child’s basic needs, including housing, food, education, and medical care.

Alabama Divorce Process

The divorce process begins with one spouse filing a Complaint for Divorce, which outlines the grounds for divorce and the relief sought. The other spouse is then served with the complaint and has an opportunity to respond. If the spouses can agree on the terms of the divorce, they may submit a settlement agreement to the court for approval. If they cannot reach an agreement, the case proceeds to trial, where a judge will make the final decisions on contested issues.

Navigating a divorce in Alabama requires a comprehensive understanding of the state’s legal framework. Individuals going through a divorce should consider consulting with an experienced family law attorney to ensure their rights are protected and to facilitate a smoother resolution of their case. The complexities of property division, alimony, and child custody make it essential to seek professional guidance tailored to one’s specific circumstances.

Legal Representation

Having experienced legal representation is crucial. A knowledgeable divorce attorney can help you understand your rights, navigate the complex legal landscape, negotiate settlements, and represent your interests in court if needed. Whether you’re seeking an amicable resolution or preparing for litigation, an attorney provides invaluable support and advocacy.

Divorce is a multifaceted legal process that requires careful consideration and expert guidance. Understanding the basics of divorce law can empower you to make informed decisions and protect your interests. If you’re contemplating divorce or have been served with divorce papers, consulting with a qualified attorney is the first step towards securing a fair and equitable outcome.

Contact A Mobile, AL Divorce Attorney

For personalized advice and representation, contact the attorneys at Hernandez & Associates Law Firm for help. Our family law team is dedicated to providing compassionate and effective legal support tailored to your unique situation.


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Mobile Criminal Defense Lawyer | Family Law | Estate Planning

Mobile Criminal Defense Lawyer | Family Law | Estate Planning

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