WHY YOU SHOULD CONTACT AN ATTORNEY IMMEDIATELY IF THE POSSIBILITY OF DIVORCE HAS BEEN RAISED BY EITHER SPOUSE.
If you are thinking of divorce or you have reason to believe that your spouse may be contemplating divorce, it is extremely important that you contact an attorney that you trust immediately.  Especially if you do not want a divorce but believe that your spouse wants to end the marriage, you need to seek legal advice at once.  Unfortunately, sometimes the person you love and trust the most will be the very person who uses your love and trust to take advantage of you.  Wanting to make every effort to make your marriage a success is not an excuse for being naïve and ignorant of the law or the facts relevant to your particular situation.  Loving your spouse does not require you to be a victim if the relationship becomes unsalvageable.  There are important legal issues that you need to understand even before any papers are filed or any decisions are made.  Whether you are seeking a divorce or you are seeking to preserve your marriage, there are often important steps that you should take to protect yourself and your best interests.  The Burleson Firm believes in the sanctity of marriage.  Divorce should be a last resort, especially when children are involved, but sometimes no matter how hard we try, divorce cannot be avoided.  The Burleson Firm understands what a stressful and emotional time this is for you and will strive to provide you with the patience, compassion and understanding that you need during this difficult time.  Even if you are at fault in some way for the break down of the marriage, there are often steps you can take to strengthen your position and protect yourself. Many divorce cases are won well before trial.  With the benefit of legal advice from a competent divorce attorney, the possibility of a successful outcome in your case can often be dramatically improved even before a complaint is filed.  Remember the words of the great philosopher, Sir Frances Bacon . . . 
                               “knowledge is power.”

WHY YOU SHOULD NOT HIRE AN ATTORNEY WHO DOES NOT REGULARLY HANDLE CONTESTED DIVORCE CASES.
Each field of legal practice is unique. Each has its own set of issues, procedures and available legal tools. Just as no one would want their family doctor to perform their heart transplant, you might not want the attorney who prepared your will to handle your divorce case. Even an attorney that handles only divorce case may not be the best choice under some circumstances. There are many attorneys who primarily handle uncontested divorce cases. An uncontested divorce is one in which the parties can agree on the terms of the divorce with only minimal legal guidance. Many individuals want their divorce to be uncontested. Most people would prefer to avoid the confrontation, not to mention the expense, which can be involved in a contested divorce. An uncontested divorce is best as long as you don’t have to settle for an unfair agreement to obtain it. If your spouse is being unfair or unreasonable, your divorce should be contested in order to protect your best interests. You cannot force it to be an uncontested divorce by hiring an “uncontested” divorce attorney and wishing for the best. Many divorce attorneys who primarily handle uncontested divorce cases do not have their practice set up to easily handle contested matters. In the event your “uncontested” divorce turns ugly, you should make sure your attorney can quickly change gears and utilize the necessary strategy and tactics to obtain the best outcome possible under tough battle conditions. Your lawyer should be equally prepared to obtain a smooth and quick uncontested divorce judgment or to utilize all available legal tools and strategies to achieve a favorable outcome after a nasty trial.

WHY YOU SHOULD FILE FOR DIVORCE BEFORE YOUR SPOUSE IF YOU HAVE CONCLUDED THAT DIVORCE IS INEVITABLE.
Many people do not realize that the first party to file for divorce can have certain advantages. The original filing spouse is known as the plaintiff. Although the second spouse may then file a countercomplaint, that spouse will always be the defendant in the divorce. Being the plaintiff is more than just a name. The plaintiff gets the privilege of presenting his/her case to the judge first. The plaintiff gets to decide which witness the judge hears first and offers evidence first. In other words, the plaintiff tells his/her side of the story first. The defendant may then be faced with unconvincing a judge that has already made up his mind about the outcome. In addition, the plaintiff has the first opportunity to utilize certain legal tools like discovery and temporary relief. This can allow the plaintiff to have a greater degree of control over the flow, direction and strategy of the case and often puts the defendant in a defensive position where he/she is not acting but rather reacting to the tactics of the plaintiff. Therefore, if you known that your spouse is planning to file, do not wait. File first!

GROUNDS FOR DIVORCE
In Alabama there are two basic types of divorce, fault and no fault. The Plaintiff must state the grounds for which a divorce is sought in the Complaint. The most common ground for divorce is the "no fault". Because the plaintiff must present sufficient evidence to the court to prove the grounds that are alleged, the "no fault" is the easiest type to obtain. In a "no fault" divorce, the Plaintiff must only establish that the parties are incompatible or that the marriage is irretrievably broken. The Plaintiff may still offer evidence of fault at trial to aid the Court in deciding custody, support and property division issues. The fault grounds that are currently in effect are listed below.

1) Physical incapacity;
2) Adultery;
3) Voluntary abandonment for one year immediately preceding the filing of the 
      complaint;
4) Imprisonment for two years, the sentence being for seven years or longer;
5) Crime against nature, whether with mankind or beast, either before or after 
     marriage;
6) Habitual drunkenness or drug addiction;
7) Incurable insanity accompanied by confinement in a mental hospital for at 
     least five successive years;
8) Pregnancy at the time of the marriage without the husband’s knowledge or 
     agency;
9) Violence or reasonable apprehension of violence;
10) Separation without support for two years immediately preceding the filing of 
        the complaint.

STANDARD VISITATION
If the parties cannot agree on a visitation schedule, the court normally orders standard visitation. Standard visitation is currently determined by the age of the child. The following visitation schedule was valid as of July 31, 2008, the date of the latest revision of this website. All areas of the law, including standard visitation are subject to change. Check with an attorney before relying on this information as current.

Under 2 years:

The non-custodial parent shall have the right of visitation with any child of the parties who is under the age of two (2) years, as follows:

(a) The first and third Sunday of each month from 8:00 a.m. until 6:00 p.m.;

(b) On the birthday of the said child from 6:00 p.m. until 8:00 p.m.;

(c) On each Thanksgiving Day from 2:00 p.m. until 8:00 p.m.;

(d) On each Christmas Day from 2:00 p.m. until 8:00 p.m.;

(e) On Mother/Father’s Day from 12:30 p.m. until 8:00 p.m.;

(f) On the non-custodial parent’s birthday from 6:00 p.m. until 8:00 p.m.;

(g) At such other times as agreed upon between the parties.

Each parent shall keep the other informed on a current basis as to the primary residence address and telephone number where the child resides or visits.

Over 2 years:
The non-custodial parent shall have the following visitation rights:

(a) The first and third full weekends of each month from 6:00 p.m. on Friday until 6:00 p.m. the following Sunday; (The first weekend of a month beginning on the first Friday of each month.);

(b) Each Christmas Day from 3:00 p.m. until 3:00 p.m. on the following New Year’s Day;

(c) Two two-week periods during the summer (to be taken one week after school is out and one week before school starts with at least two weeks in between), to be selected by the non-custodial parent but upon written notice to the custodial parent at least thirty (30) days in advance of such visitation;

(d) During the odd years, A.E.A. (Spring Break) vacation from 9:00 a.m. Saturday until the following Saturday at 6:00 p.m.;

(e) During the even years, Thanksgiving vacation from 6:00 p.m. Wednesday until Sunday at 6:00 p.m.;

(f) Every other birthday of the child from 6:00 p.m. on said date until 8:00 a.m. of the following day, beginning with the next birthday;

(g) Every Father/Mother’s Day from 9:00 a.m. until 6:00 p.m. of the same day;

(h) On the birthday of the non-custodial parent from 3:00 p.m. on said date until 8:00 p.m. of the same day;

(i) At such other times as agreed upon between the parties.

Each parent shall keep the other informed on a current basis as to the primary residence address and telephone number where the child resides or visits.

FINANCIAL ISSUES

CHILD SUPPORT
Child support in Alabama is normally calculated according to a mathematical formula. This formula is contained in the Alabama Child Support Guidelines. It takes into account the monthly gross income of both parents, pre-existing alimony and child support obligations, child care costs and health insurance costs. These amounts are placed in the formula and applied to a table which lists monthly child support amounts based on the number of children involved.  Under certain circumstances, the Court may agree or decide to deviate from these guidelines.  Whether a deviation is appropriate will depend on the specific facts and circumstances of your case.  Also, if the combined gross monthly income of both parents is over $10,000, the guidelines do not apply and the amount of child support awarded is in the discretion of the Court.

ALIMONY
Under certain circumstances, either the Husband or the Wife may be entitled to alimony. If the parties cannot agree on this issue, it will be decided at trial. In determining whether alimony should be awarded, the Court first looks at the length of the marriage. The Court will then consider such factors as the parties’ ages, educational backgrounds, work experience, and health. The Judge will also take into account the degree of fault of both parties, the parties’ standard of living during the marriage, their abilities to maintain that standard after the divorce and even their property interests. The issue of alimony can also be reserved by the Court in the Final Judgment and determined at a later date.

PENDENTE LITE RELIEF
Bringing a divorce case to trial can often take a long time. In the meantime, the parties may have bills, living accommodations, child support, health insurance or other issues that need to be addressed sooner. In these circumstances, the law provides for temporary relief to partially address some of these issues while the parties await trial. This is not always a quick remedy either but it provides speedier assistance than trial.

CONTACT THE BURLESON FIRM
If you are thinking about filing for divorce or you believe that your spouse may be planning to do so, and you would like to obtain legal advice on how to better protect your interests, please call The Burleson Firm at one of the telephone numbers listed below or use the navigation button on the right side of this page to access our contact form and email your inquiry.  Please do not submit any confidential information in your email correspondence until you have spoken directly to an attorney.

THE BURLESON FIRM
Post Office Box 28377
Birmingham, AL 35228
Office (205)923-6322
FAX (205)923-6722
Toll Free 1(888)8LADYLAW
         1(888)852-3952
tonyafburleson@bellsouth.net

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