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Montevallo Divorce Lawyers
Call our Montevallo Divorce Attorney at (205) 564-2165
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Montevallo Divorce Lawyers
Going through a divorce is already challenging and taxing as it is—and having to deal with long, drawn-out litigation and other conflicts makes the process even more painstaking. There are many legal, financial, logistical, and even emotional issues that need to be resolved. At The Harris Firm, LLC, our Montevallo divorce attorney is devoted to helping clients find the solutions that work best for their specific situation. If you have any questions or concerns about the divorce process, we are here as a resource. Contact our Montevallo divorce lawyer today for a confidential consultation.
Uncontested and Contested Divorce in Montevallo, AL
Divorces in Montevallo are divided into two broad categories:
- Uncontested Divorce: An easy Alabama uncontested divorce is where you reach an agreement with your spouse and both of you sign the documents prior to the divorce being filed. Since a settlement agreement is filed with the divorce, all the judge has to do is approve the agreement and issue your divorce decree. It is the simplest, cheapest process for divorce.
- Contested Divorce: If it is not an uncontested divorce where the spouses have reached a mutual agreement, it is called a contested divorce. In a contested divorce, there is no previous agreement reached and one spouse serves the other with a legal complaint. Put another way, a contested divorce is a litigated divorce. A court must step in.
For most divorce couples in Montevallo, an uncontested divorce is a far better option. It can save time, money, and stress by reaching a settlement agreement.
Key Issues that Arise in Divorce Law in Alabama
Similar to most other family law matters, divorces are state-based legal cases. If you are getting divorced in Montevallo or elsewhere in Shelby County, it is useful to understand Alabama law:
- Residency is Required: You can get divorced in Alabama even if you got married in another state. However, a divorce can be filed only if at least one spouse has been a resident for six months or more (Ala. Code § 30-2-5). The case should be filed in the county of residence.
- No Fault Divorce is an Option: Alabama’s no-fault divorce option allows spouses to end their marriage without the need to prove fault by the other party. No-fault divorces often lead to a less adversarial process. It promotes a more amicable process.
- Equitable Distribution: The state of Alabama practices equitable distribution for property division in a divorce. A 50/50 split of marital assets is not guaranteed under state law. Instead, a divorcing couples’ marital property is split in a “fair” manner.
- Best Interests of the Child: For parents of young kids or teenagers who are splitting in Montevallo, custody and visitation are major issues. Alabama courts determine child custody based on the best interests of the child (Ala. Code § 30-3-152).
We Provide Comprehensive Family Law Representation
Our firm provides truly comprehensive family law services to people who are going through a divorce in Montevallo and elsewhere in Shelby County. We help clients navigate the divorce process in the most efficient, cost effective manner. The goal is to protect your best interests and set you up for a better, more stable tomorrow. Although we are experienced trial lawyers, we know that out-of-court resolution (uncontested divorce) provides better outcomes for most people. Along with other family law matters, our Montevallo, AL divorce attorney has experience with:
- Property division;
- Spousal maintenance (alimony);
- Child custody/visitation; and
- Child support.
The Harris Law Firm is the Leader Family and Divorce Firm Serving Montevallo
Getting divorced in Montevallo? You may have a ton of questions about your rights, your options, and the process more broadly. Our founder and principal attorney Steven A. Harris has extensive experience handling divorce cases in Shelby County—from relatively straightforward uncontested divorces to highly complex divorce litigation. We are proactive and committed to personalized support. Along with other things, our Montevallo, AL divorce lawyer will:
- Hear what you have to say and answer questions about Alabama divorce law;
- Take care of all of the required divorce paperwork;
- Represent you in any settlement negotiations with your soon-to-be former spouse; and
- Provide comprehensive family law representation to protect your best interests.
Divorce in Montevallo: Frequently Asked Questions (FAQs)
Do We Have to Wait to Finalize Our Divorce in Alabama?
Yes. Similar to many other jurisdictions, our state has a mandatory minimum waiting period for a divorce. There is a mandatory 30-day waiting period from the filing date of the divorce complaint before the divorce can be finalized. It is intended as a cooling-off time for the parties involved.
Should We Mediate Our Divorce?
If you and your spouse have not yet reached a settlement agreement but you wish to avoid divorce litigation, mediation can be a great option. Our Montevallo, AL divorce mediation attorney can help.
Is Alimony Usually Awarded After a Divorce in Alabama?
No. While alimony is an important issue in divorce cases in Alabama, it is actually only awarded in a minority of situations. It is typically granted based on the financial needs of one spouse and the other spouse’s ability to pay.
Factors like the length of the marriage, the standard of living during the marriage, and each spouse’s earning capacity are considered when determining support.
Can I Hire a Flat Fee Divorce Attorney to Handle My Case in Montevallo?
Yes. You can hire a flat fee divorce attorney in Montevallo if you are preparing to get an uncontested divorce. At The Harris Firm, LLC, we provide flat-fee uncontested divorce services that are affordable. It is a great option for a cheap, fast divorce.
Family Law Services
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Divorce FAQs
It depends on which type of divorce you are doing. If you are pursuing an uncontested divorce (where you and your spouse have reached an agreement concerning all marital issues) then you can fill out our questionnaire... Read more
For a contested divorce, you will need to call and speak with one of our attorneys for a quote. However, we usually work with you to structure a low, flat fee instead of expensive retainers that are billed out of at an expensive hourly rate... Read more
As long as you or hour spouse is a resident of Alabama, then you can file here. To be a resident, you have to have resided in the State for at least six months prior to filing a case. If you both are residents of Alabama, then... Read more
An uncontested divorce is where both you and your spouse have reached an agreement about all of your marital issues such as custody, child support, division of property, and all other issues. If you have reached such an agreement... Read more
An uncontested divorce usually takes about one or two months after everything has been signed by both spouses and filed with the court. A contested divorce can take anywhere from 30 days to months or years, depending on... Read more