Divorce Lawyers In Mobile Al – There are two types of divorces in Alabama, contested and uncontested. An uncontested or uncontested divorce occurs when you know where your spouse lives, your spouse agrees to all the terms of the agreement, and your spouse is willing to sign all the divorce documents.
In every uncontested divorce, the parties must have a divorce agreement. The divorce agreement requires the parties to agree on:
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This settlement agreement is in writing and signed by both parties. The contract along with other necessary documents is submitted to the court.
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The agreement specifies how to divide marital assets, both personal and real estate. Personal property includes items such as televisions, boats, and cars. Property includes your home and any land owned by either spouse. If you own a home, the contract may state that one party will get the home or that the home will be sold and the proceeds split. If both parties are responsible for the mortgage and ownership is transferred to one party, the party who gets the house must clear the other parties’ names from the mortgage. This can usually be done by one of the parties taking out the loan or refinancing the home. Just contact the credit institution.
This also applies to those who will pay the marital debt or any joint debt. One party may pay the entire debt or only a portion. The clause must specify whether one party will pay his or her share to the other spouse or directly to the creditor. Even for joint debts, I usually suggest closing the joint account so that the other party cannot continue to make purchases and thus increase the account balance.
The agreement specifies who will have custody of the minor children. In Alabama, anyone under the age of 19 is considered a minor unless the child is emancipated. It will also determine the type of protection. The parties may have joint physical custody, sole physical custody, and/or joint legal custody of minor children. In an arrangement where one party receives primary physical custody and the other party receives visitation, the divorce agreement will provide a visitation schedule for the non-custodial parent.
The contract determines the amount of child support and when it will be paid. Child support is calculated based on both parents’ gross income, the number of children, any daycare expenses, and health insurance costs. The contract also determines where child support will be paid. For example, child support may be denied to the noncustodial parent. Child support can also be paid directly to the court or directly to the custodial parent.
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Some parties decide to include a provision in the settlement agreement that determines how the parties will share each child’s school expenses. These expenses can cover tuition for children attending public school and tuition for children attending private school.
The divorce agreement also specifies whether the wife will return to her maiden name. If this clause is not included in the divorce agreement, the wife will have to petition the probate court to effect a name change and pay an application fee. The probate court will schedule a hearing before approving your name change request. If the contract included a name change clause, once the divorce is granted, you will need to obtain a certified copy of the divorce to change your name from the Social Security Office and the driver’s license office. A certified copy of the divorce decree can be obtained at the Domestic Relations Division Office located on the 9th floor of Government Plaza.
Sometimes parties want to include a requirement that the spouse paying child support also receive life insurance. Children are usually the beneficiaries of this life insurance policy. It is used to cover alimony that would not be paid in the event of the death of a spouse.
Divorce procedures in Mobile Alabama differ depending on whether the divorce is contested or uncontested. If it is an uncontested divorce, the process is much shorter and simpler. It doesn’t even cost that much. It usually takes 45 to 60 days from filing the documents with the court to obtain a no-fault divorce. Below is an overview of the uncontested divorce process:
Paul B. Shaw, Jr.
I base my price on the complexity of the divorce. The less complicated, the cheaper the divorce. The more assets and liabilities have to be divided, the more it will cost. If you fill out the form below I can give you an estimate of the total cost. In addition to the legal costs, I will also have to pay the court costs. Court costs vary depending on the country in which the documents are filed. For example, I charge a $220 filing fee for Mobile County. For Baldwin County, I charge an application fee of $234.
A lawyer can only represent one of the parties. This also applies in the case of an uncontested divorce. It’s nothing that both sides wanted to part ways and agreed on everything. A divorce lawyer has a conflict of interest in representing both parties.
NO. You can only get a divorce if you know where your spouse is and if your spouse is willing to sign the papers. Newspaper publication actually means the publication of a notice of divorce proceedings in a newspaper. This is only used in a contested divorce if you don’t know where the other party lives or if the other party avoids getting the divorce papers. The newspaper notice serves only as part of the divorce action.
I have prepared and filed hundreds of uncontested divorce cases in Mobile, Alabama. If you are married and thinking about filing for divorce, call me to help make the process quick, easy and convenient. I understand that sometimes problems don’t come from nine to five. As a result, a family law attorney is available on a limited basis to answer calls on weekends and after hours. Call the firm and leave a message and an attorney will call you back as soon as possible.
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7.2 of the Alabama Rules of Professional Conduct. the rule requires the following wording: “No assurance is made that the quality of legal services rendered is better than that of other lawyers.”
PLEASE NOTE: This website and all information contained herein are for informational purposes only and should not be construed as legal advice. Seek a competent attorney for advice on all legal matters. Divorce and family law cases are never easy and can be a confusing and stressful experience. We understand how you feel and are here to listen and guide you.
Over the past 12 years, the experienced divorce attorneys at our Mobile, Alabama family law firm have helped more than 1,000 clients with the family law services and representation they need to successfully navigate their divorce in Mobile, TO THE. That’s why we are recognized as the best mobile divorce lawyer. Alison Herlichy is a registered domestic relations mediator and a certified guardian ad litem, which means she is appointed by a judge to represent the interests of children.
Your family’s safety and stability are our goal. Meet our experienced divorce lawyers in Mobile, Alabama here at Herlihy Family Law Office.
Erin B. Fleming
Family law attorney Alison Herlichy is originally from Mobile, Alabama. Alison has been practicing private family law since 2005, focusing primarily on domestic relations, divorce and child support, child custody, adoption, juvenile, probate and probate.
Alison Baxter Herlihy has earned the prestigious AV Preeminent peer review rating from Martindale-Hubbell, which recognizes lawyers for the highest level of legal ability and professional ethical standards. Alison is a certified Guardian Ad Litem. In 2015, Allison became a registered mediator in the Alabama State Court Board of Mediators in both general and domestic mediation.
Allison received her J.D. she graduated in May 2005 and was admitted to the Alabama Bar in September 2005. she subsequently was admitted to the Mississippi Bar in 2007.
In addition to serving the community as a family law attorney, Alison has continued to be an active member of the law firm and the community as a whole. She has served on the Executive Committee of the Mobile Bar Association, as assistant treasurer in 2009 and as treasurer in 2010, and as president of the Domestic Relations Division in 2019 and 2020. Alison has also served as an instructor for both bar certifications. She programs and various law-related graduate courses at the University of South Alabama for several years starting in 2012.
Briskman & Binion, P.c.
Alison has been a certified guardian and registered divorce/domestic mediator since 2015. She is very active in the Alabama State Bar and the Mobile Bar.
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