Fairhope Divorce Lawyer

Going through a divorce can be one of the most stressful and draining times for an individual. Choosing the right family law attorney is a critical step in relieving some of the burden and pressure of the divorce process, specifically in a contested divorce. It is important that the divorce lawyer you select will be diligent in fighting for the best outcome for you and your family.

If you are going through a contested divorce or uncontested divorce in Baldwin County, Mobile County or Escambia County, Alabama, Fairhope divorce lawyer Michael Pylant will personally review the facts of your case and provide expert guidance during the divorce process.

Baldwin County Divorce Attorney

There are two types of divorce filings in Alabama: a contested divorce and an uncontested divorce. An uncontested divorce is much simpler than a contested divorce, but it has certain requirements that must be met. In an uncontested divorce, both parties must agree on all terms of the divorce. An uncontested divorce also requires that neither spouse assign blame for the divorce, which is called a “no-fault” divorce. If you would like to speak to a Fairhope divorce lawyer regarding your uncontested divorce, give our Baldwin County Family Law Firm a call at (251) 455-1730.

“Providing Trusted Experience and Aggressive Representation.”

Contested Divorce in Fairhope, Alabama

In a contested divorce, one of the parties either assigns “fault” as grounds for the divorce and/or both parties are not able to come to an agreement regarding all the terms of the divorce. While some divorces are straight forward, the vast majority require some amount of negotiating.

Does one spouse believe that financial support is needed, while the other does not? Are there disagreements regarding who should receive physical custody of the children? Is there a substantial amount of assets or debt to divide? All these things can make for a lengthy and difficult divorce process. The decisions you make or agree to during the negotiation process can have a lasting effect. You want to make sure that you have an experienced divorce lawyer on your side.

Terms to Consider When Filing for a Divorce in Alabama

• • Division of assets, including the marital home, savings accounts, retirement funds, stocks, and bonds
  • Division of personal property, including home furnishings, motor vehicles, and other real property
  • Child support
  • Child custody, legal and physical
  • Health and dental insurance for the children
  • College education costs for the children
  • Marital support, such as alimony
  • Debts

What are the Steps to Getting a Divorce in Alabama?

No one wants to go through a long and drawn-out divorce. It is emotional and costly. Even in a contested divorce, the majority of divorce cases will settle without having to go to court. By knowing what to expect at every step of the process, we help our clients prepare for and minimize the amount of time required to finalize their divorce.

The steps to getting a divorce in Alabama vary based on several factors. In the state of Alabama, an individual may file for a “no-fault” or “fault-based” divorce. In a “no-fault” divorce, the parties are not out to prove that one spouse was responsible for the divorce. The grounds for the “no-fault” divorce can be cited as incompatibility or irretrievable breakdown of the marriage.

In a “fault-based” divorce, one or both spouses will try to prove to the court that the other spouse committed specific grounds for divorce. In Alabama, this could be the result of several factors including adultery, abandonment, addiction, insanity, or violent behavior.

Step One – Petitioning the Court

To start the divorce process, the court will need to be petitioned by either spouse for a judgment of divorce. After the initial judgment is filed, the Respondent may file a counterclaim to the Petitioner’s initial petition. Temporary motions may also be filed at this time. Some examples of temporary motions might include issues that may arise during the divorce proceedings such as alimony, child support, or child custody.

Step Two – Obtaining Discovery

Specifically in a contested divorce, discovery is a crucial next step in the divorce process. During this stage, information will be collected regarding both parties. The goal of the discovery stage is to obtain favorable information that can be used to your benefit in the case, as well as create a plan for addressing any allegations against you.

Step Three – Settlement Agreement

After the discovery process, it is beneficial for both parties to attempt to work out a settlement agreement. By defining and agreeing on a settlement early on, the parties will save both time and money. A reasonable settlement agreement will also be more likely to be accepted by the judge on the case.

Step Four – Mitigation

Sometimes, even with the assistance of attorneys, a settlement is not able to be agreed upon. When this happens, the next step involves mitigation. During the mitigation process, a neutral third-party specialist will assist the attorneys and parties to come to an agreement on the terms of the divorce. If the settlement is agreed upon, it will then go to the judge for approval and finalization.

Step Five – Divorce Trial / Finalization

If the settlement is not agreed upon, the parties will be given a court date to bring the case in front of a judge. Depending on the complexities of the case, this process could take days, weeks, or even months to finalize. Once all the information is presented to the judge, he or she will make a final judgement on the case and finalize the divorce.

Even after a divorce is settled, sometimes the terms of the divorce will need to be revisited or revised. This is especially true regarding child support or child custody agreements. If you are divorced and have questions about your custodial rights, contact Fairhope divorce lawyer Michael A. Pylant at (251) 455-1730 to see what can be done regarding your case.

Do I need to hire a Divorce Lawyer?

If you have received divorce papers from a spouse or you are considering filing divorce from your spouse, you may wonder, “Do I need to hire a divorce lawyer to handle these proceedings, or can we handle this ourselves?” While this is a very common question, the answer is complicated and typically depends on a multitude of factors. The facts of your divorce case are unique.

Although you are legally able to file for divorce on your own, it may not always be in your best interest to do it that way. If you have children together, joint assets, debts, or other factors that are difficult to agree upon, a divorce attorney is highly beneficial in assuring that your wants and needs are a priority.

Our Personal Approach

Regardless of if you are facing a contested divorce or uncontested divorce, you want to make sure that you are making the best decisions for you and your family. At Michael A. Pylant, P.C. we will provide personal attention and dedication to achieving the desired objectives of your case. Fairhope divorce lawyer, Michael Pylant is an experienced negotiator and is equipped to handle aggressive litigation tactics. Don’t go through this difficult time alone. Contact our law office today to schedule your consultation.