About The Harris Firm LLC
The Harris Firm LLC has offices in Birmingham and across the State of Alabama, helping individuals through some of the most difficult times of their lives. Our family law attorneys help people with their divorce, adoption, probate of estates, guardianships, paternity matters, prenuptial agreements, divorce modifications, contempt, child custody, protection from abuse, and many other domestic relations matters. Call us to speak with one of our probate, divorce, and family law attorneys in Birmingham, Huntsville, Montgomery, Tuscaloosa, Anniston, Decatur, Madison, Cullman, Bessemer, Alabaster, Chelsea, Shelby County, Prattville, Millbrook, and Auburn.
Family Law Attorneys
What is family law? It is a term for an area of law dealing with mostly domestic relations matters and issues involving families. Cases such as divorces, custody petitions, child support matters, adoptions, buying a first home for your family, or any other matter involving mostly matters of a domestic nature. We have Local Family Law Lawyers in Birmingham, Montgomery, Huntsville, Prattville, and Chelsea that are ready to help you and your family through some of the most difficult times in your life. Give us a call and let our experienced domestic relations team fight for you.
The most common area of law that family law attorneys in Montgomery, Birmingham, and throughout the rest of Alabama deal with is divorce. However, it is not always the filing of a divorce. It can often be someone going back and trying to change or modify their prior divorce agreement or decree. This is called a divorce modification and can be done by agreement or you can attempt to do it without the ex-spouse’s agreement if there have been substantial changes since the divorce decree was entered.
Another divorce related family law issue is the Petition for Contempt. This is where you got your divorce decree, and in it, your ex-spouse was ordered to do something like refinance a loan or transfer a home. If they do not do what they were ordered to do, you can file this Petition and take them back in front of the same judge to hold them in contempt of court. Contempt Petitions are a very powerful way to make someone do what they were ordered to do previously. Our contempt attorneys can fight for you and work hard to get your former spouse to do what they agreed to do in your prior case.
We can also handle your custody or child support matter in Birmingham, Montgomery, Huntsville, or anywhere else in Alabama. Our attorneys also handle prenuptial agreements, paternity matters, juvenile dependency or delinquent matters, and adoptions. If you need a Family Law Attorney to fight for you then give us a call.
Divorce Attorneys
If you and your spouse are not in agreement, then you will need to file a contested divorce and have our attorneys argue your case for you to the judge. A divorce begins with a Complaint being filed with the Court. Once filed, your spouse is served the document and they get their own divorce lawyer in Birmingham to file an Answer.
At that point, your divorce attorney and your spouse will negotiate and try to reach an agreement. If no agreement can be reached, then there will sometimes be mediation ordered in the case. If an agreement cannot be reached at mediation, then our divorce attorneys will take your case to trial and the judge will have to decide all of your contested marital issues.
It is important to have a local Birmingham, Montgomery, or Huntsville divorce attorney to fight for you during the case. They will gather evidence during something called the Discovery process and prepare your case for trial. Even though a settlement might be reached, by properly preparing your case from the beginning it puts you in a much better negotiating position and can result in a better settlement outcome.
Uncontested Divorce Lawyers
If you are contemplating a divorce, then you are usually going to file an uncontested or contested divorce. An uncontested divorce is where you both agree on everything and a contested divorce is where there is no agreement and you need someone to fight for you in court. Either way our divorce lawyers are here to help.
If it is an uncontested divorce, we are currently charging a flat fee plus filing fee to handle it for you. Our Alabama divorce lawyers will work with you to ensure that your uncontested divorce goes as quickly and easily as possible.
We have offices across Alabama, so whether you need an uncontested divorce lawyer in Birmingham, Huntsville, Montgomery, Tuscaloosa, Alabaster, Chelsea, Prattville, or anywhere else in Alabama then we can help.
Although we can handle your online divorce in Alabama, our divorce lawyers also handle other family law matters but they are typically much more expensive than an uncontested divorce and require something called a retainer to be paid up front. If you call our divorce lawyers today we can give you a quick consultation over the phone and can usually quote you a retainer fee the same day you call.
Probate and Estate Planning Attorneys
If you need to probate a loved one's estate, file an adoption, or have your last will and testament updated, then our Alabama probate attorneys can help you. Our probate and estate lawyers will meet with you to go over your situation and determine what is the right option for you. If you need to file a probate matter, then our probate lawyers can go over the entire process with you, have you sign the proper paperwork, file your case for you, and help you through the process. Whether you need a probate lawyer in Birmingham, Huntsville, Montgomery, Tuscaloosa, Anniston, Decatur, Pell City, Bessemer, Alabaster, Prattville, Millbrook, Auburn, Oneonta, or anywhere else in the State of Alabama then we can help.
The probate process can be very confusing and can last a long time if not handled from the beginning correctly. Our attorneys can file your petition and obtain something called Letters of Administration so that the appropriate family member can begin the process of handling the deceased person's estate. Our estate planning attorneys can also help prepare your updated last will and testament, durable financial power of attorney, or a living will so that you, and your family, are prepared as you get older.
Our attorneys can also help with any issues particular to individuals as they age such as guardianships, conservatorships, or evaluating your estate planning documents. Give our local probate lawyers a call today for a consultation and let us answer any questions you may have about the probate process.
Family Law FAQs
There are two types of custody in Alabama, physical and legal custody. Legal custody is who has the rights to make decisions for the child and is usually given jointly in a divorce. The physical custody is who the child is actually living with most of the time, that parent has sole physical custody and the other parent has visitation rights such as every other weekend... Read more
If you and the other parent cannot agree on custody, then a judge will decide based on what is in the best interest of the child. Alabama courts look at a number of factors, including the age and needs of the child, each parent's ability to provide for those needs, the stability of each home, and sometimes the preference of an older child... Read more
In Alabama, there is a formula that is used by the courts to determine how much one party is to pay in child support to the other. This is called the child support guidelines and is based primarily on both spouses' gross monthly incomes. The courts will usually go by what these guidelines say... Read more
Yes. Child support is always modifiable when there has been a material change in circumstances. The most common reasons are a significant change in either parent's income, a change in the custody arrangement, or a change in the child's needs such as medical or childcare costs... Read more
Paternity is the legal determination of who a child's father is. It matters because a father generally has no enforceable right to custody or visitation, and a mother generally cannot collect child support from him, until paternity is legally established. Paternity can be established by agreement or by a court through DNA testing... Read more
Divorce FAQs
For a contested divorce, you will need to call and speak with one of our attorneys for a quote. Our contested divorce lawyers usually work with you to structure a retainer that is billed at an hourly rate. For a simple uncontested divorce, it is a flat attorney's fee. There is also a separate county filing fee... Read more
An uncontested divorce usually takes about 6 to 10 weeks after everything has been signed by both spouses and filed with the court, because Alabama requires a 30-day waiting period after filing. A contested divorce can take anywhere from 30 days to months or years, depending on whether there is a trial... Read more
Alabama allows both no-fault and fault-based divorces. Most divorces today are filed on no-fault grounds, which simply means there has been an irretrievable breakdown of the marriage such that the parties can no longer live together. You do not have to prove that anyone did anything wrong... Read more
Alabama is an equitable distribution state, which means the court divides marital property in a way that is fair, though not always exactly equal. Marital property generally includes assets and debts acquired during the marriage, while separate property is often kept by the spouse who owns it... Read more
Not necessarily. Alimony is not automatic in Alabama, and many divorces are finalized without any alimony at all. When it is awarded, the court looks at factors such as the length of the marriage, the standard of living during the marriage, each spouse's earning ability, and the financial needs of each party... Read more
Probate FAQs
Probate is the legal process of validating a deceased person's will, paying their final debts and taxes, and distributing the remaining assets to the rightful heirs. It is handled in the Probate Court of the county where the person lived. When there is no will, the court appoints an administrator... Read more
The duration varies depending on the size and complexity of the estate, but most Alabama estates take somewhere between six months and a year. Alabama law requires the estate to stay open for at least six months so that creditors have time to file claims... Read more
Probate costs generally fall into three categories: court filing fees that vary by county, the personal representative's commission allowed by Alabama law, and attorney's fees. Attorney's fees depend on the size and complexity of the estate and whether anyone contests the proceedings... Read more
If someone dies without a will, they are said to have died intestate, and Alabama's intestacy statutes decide who inherits. The distribution depends on which relatives survive the person. A surviving spouse may share the estate with the deceased's children or parents rather than taking everything... Read more
A power of attorney is a legal document that allows one person, called the agent, to act on behalf of another, called the principal, in financial, medical, or other matters. It lets someone you trust manage your affairs if you cannot, and it ends at death... Read more