Some Common Family Law FAQ’s

How long does a divorce take in Alabama?

A divorce can be granted in as little as thirty (30) days. Actual time spent resolving a divorce will depend upon the complexity of the issues involved and the level of disagreement between the parties.

Do I need a lawyer for a divorce?

Any person considering divorce should seek out the advice of a qualified family lawyer that he or she is comfortable with.

Can I modify alimony?

Alimony can be modified or terminated based on a material change in circumstances that has occurred since the last court order. A material change in circumstances may occur due to changes in either party’s income, a change in the needs of the receiving spouse, cohabitation, remarriage of either party, or may occur due to other facts or circumstances.

How much does a divorce cost?

Divorce costs can vary depending on the complexity of the issues involved, level of cooperation between the parties, and whether any agreements exist regarding child custody and property division. Many attorneys will charge an initial retainer of $2,000 to $5,000, or more.

How is child support calculated?

Child support is calculated by considering the incomes of both parties, cost of health insurance, work related childcare costs and other factors considered in the child support guidelines.

Can child support be modified?

Child support can be modified due to changes in circumstances or changes in income to either party.

Is no fault divorce allowed in Alabama?

Most divorces in Alabama are granted on no fault grounds of incompatibility of temperament or irreconcilable differences.

Should I mediate my divorce?

A mediation can be an effective way to resolve a divorce dispute. It is important to seek out the advice of an experienced family law attorney to determine whether mediation is right for your case.

 How is property divided in a divorce?

Marital property must be equitably divided in Alabama or by the agreement of the parties.

How are debts divided in divorce?

Debts are divided just as property and other assets are divided in a divorce. The requirement is that debts be divided fairly and equitably, or by the agreement of the parties.

Is my retirement divisible in divorce?

Retirement earnings and contributions that were made during marriage can be divided during a divorce.

Is my inheritance divisible in divorce?

Inheritance is separate property that is not divisible during divorce unless a spouse has commingled the inheritance with marital funds or used the inheritance for the common benefit of marriage.

What are the factors for determining alimony?

Typical factors for determining alimony are the length of the marriage, the financial condition of both parties, the incomes of each spouse and the standard of living that has been customary during marriage.

Should I move out of the marital residence before or during a divorce?

Moving out of the marital residence can have an impact on divorce proceedings and should be discussed with an experienced family law attorney.

How does the court determine child custody?

Child custody is determined by the best interests of the child standard in initial child custody determinations. In order to determine the best interests of the children, courts will consider the sex and age of the children, the characteristic and needs of each child, the respective home environments of the parties, the characteristics of the parties seeking custody, and many other factors.

Do I have to go to court to get a divorce?

In Alabama, an uncontested divorce can be obtained by filing appropriate legal documents with the court and spouses are not required to actually appear before a judge.

Contact A Birmingham Family Law Attorney For Help 

If you need the sound legal advice of an experienced and respected attorney, contact Thomas Family Law, LLC. Our belief is that a straightforward approach combined with personal attention and a detailed knowledge of the law and how the legal system works are the keys to building a successful legal practice. Let our knowledge and experience work for you – call TODAY for help!

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