Areas Of Practice
From the law firm’s central location in Birmingham, Alabama, The Burleson Firm handles all kinds of family law cases and issues anywhere in the state of Alabama, including but not limited to the following types of cases and issues:
A contested Alabama divorce is a divorce in which the parties are unable to settle before filing the divorce. The Burleson Firm handles all issues faced by clients going through a contested divorce in Alabama. The most common issues include child custody, visitation, child support, alimony, property division and the division of debts.
The Burleson Firm is also happy to provide representation for less common family law issues. Some divorces involve jurisdictional or venue issues. Parties with longer marriages or significant assets may need help with retirement division or business valuation. The Burleson Firm can assist you with any issue which you face in your divorce.
An uncontested Alabama divorce is a divorce in which the parties have agreed in advance to all major terms of settlement. Negotiating an uncontested Alabama divorce requires only minor assistance from an Alabama divorce attorney. In an uncontested divorce, your lawyer’s primary job is to prepare the many documents required throughout the Alabama divorce process.
However, even an uncontested divorce is a serious matter and needs competent representation. The Burleson Firm can provide quality representation in your uncontested Alabama divorce.
Pre and Post-nuptial Agreements
If a party entering into a marriage has substantial assets, that party should consider a prenuptial agreement. A prenuptial agreement allows the parties to agree in advance to the division of assets and liabilities if their relationship ends. By agreeing in advance, the wealthier party can protect their assets in the event of divorce.
If the parties are already married, the party can protect their assets and achieve the same goals with a postnuptial agreement. The Burleson Firm can explain the benefits of a pre or post-nuptial agreement and can help you decide if one is right for you.
Common Law Marriages
In Alabama, you can be legally married even if you have never had a formal ceremony. If your relationship satisfies the requirements set out by Alabama law, you may have a common law marriage. A common law marriage is just as binding as a ceremonial marriage. Once the parties establish a common law marriage, they can only end the relationship by death or divorce.
There are many myths about what creates a common law marriage in Alabama. If you want to end your relationship but you are unsure if you are in a common law marriage, you need reliable answers. The Burleson Firm can explain Alabama law, and if necessary, help you through the Alabama divorce process.
Some people who are having problems in their marriage do not want to divorce, but need a separation. When married parties choose to separate, the parties’ right and responsibilities need to be clearly spelled out. If there isn’t a written agreement, complications can arise.
In Alabama, you can obtain a legal separation with clearly defined terms much like in an Alabama divorce. Alabama legal separations are not right for everyone. Sometimes it is better to just go ahead and file for divorce. To find out more about the differences between divorce and legal separation in Alabama, contact The Burleson Firm for a free initial consultation.
Child Custody And Visitation
Child custody and visitation are some of the most important issues that many people face in their lives. If you are facing a serious child custody or visitation battle in your Alabama divorce or family law case, The Burleson Firm can help.
At the Burleson law firm, we understand how important your relationship with your child is to you. Whether you are seeking primary custody or a visitation schedule that works for your family, The Burleson Firm will fight hard to achieve your goals.
Your judge can change certain aspects of an Alabama divorce or family law case in the event of a material change in the circumstances of one or both of the parties to the case. Common candidates for modification are issues like child custody, visitation, child support and alimony.
Property settlements are not subject to modification. The Burleson Firm has experience handling all types of modification issues and will be happy to assist you in your Alabama modification case.
If either party fails to follow the terms of a Final Judgment from a divorce or family law case, the other party can seek help from the court. That party can file a petition asking that the court holds the violating party in civil and criminal contempt of court. Contempt petitions in Alabama most commonly concern issues of visitation, child support and alimony.
The outcome of an Alabama contempt petition can be very serious. When an Alabama court finds a party in contempt, the judge can place that party in jail. The Burleson Firm can assist you in seeking contempt for a violation by the other party or in defending a petition filed against you in Alabama.
Alabama law requires that any party to a child custody case must notify the other party of any change of residence. The other party can object to the relocation and under certain circumstances may be able to get a change in custody based on the relocation. The Burleson Firm can answer your questions and assist you with any Alabama relocation issues that you are facing.
Domestic Violence (PFA)
Sometimes incidents of violence can occur in a relationship. The consequences of domestic violence can be very serious to both parties. Victims of domestic violence can be seriously injured. These victims may be intimidated and afraid to file for divorce or otherwise protect their rights. When this happens in Alabama, the victim can file a Petition for Protection from Abuse. A Protection from Abuse Order can be a powerful tool to protect a victim of domestic violence in Alabama.
The consequences of domestic violence can also be serious for the perpetrator. In a PFA order, a judge can restrain you from going to certain places, even your own home. A PFA order can also prevent you from having contact with your spouse and children. Violation of a PFA order is a crime and can result in jail time. The Burleson Firm can advise you if you are a victim of domestic violence or if you are a defendant in a protection from abuse case.
Temporary And Emergency Assistance
Facing a family law case can be a difficult and lengthy process in Alabama. Often one of the parties cannot wait until the family law case is final to get help from the court. Alabama law allows your family law judge to order temporary custody and support when needed.
Sometimes there are instances when an emergency situation exists that threatens the safety of one of the parties or the minor children. An experienced Alabama family law attorney can seek an emergency order in these circumstances. The Burleson Firm has experience obtaining both temporary and emergency assistance in family law cases in Alabama.
When a child is born out of wedlock or the identity of a child’s father is otherwise in question, Alabama law provides a legal means of establishing paternity. If the biological parents of a child have never been married, the Alabama court cannot order visitation or child support until the court decides paternity.
Sometimes in an Alabama divorce, the husband makes an allegation of adultery and challenges the paternity of a child or children born during the marriage. The Burleson Firm routinely handles paternity issues in both divorce and family court.
Alabama law sets out the minimum standards expected of the parent or legal custodian of a child. When someone accuses a parent, guardian or legal custodian of a child of failing to adequately perform their parental duties, that person can file a dependency case. Basically, the dependency petitioner is saying that the parent is acting below the standards set out by the Alabama dependency law. The Department of Human Resources (DHR) files most dependency cases.However, under Alabama law, a private individual can also file a dependency case.
DHR cases are more serious and can result in a temporary or permanent loss of custody or even a termination of parental rights. Private dependency cases can have the same result, if proven true. However, private cases are often custody cases masquerading as dependency cases. In those cases, the court should dismiss the petition at some point. The Burleson Firm has experience handling dependency cases in Alabama and can advise you about any dependency issues you are facing.
There are basically two types of adoption in Alabama. These two types are adoptions by people related to the child and adoptions by unrelated persons. Sometimes a couple who cannot have children of their own or a couple who wants more children may choose to adopt. Other times a parent may choose to give up their parental rights to allow a stepparent to adopt their child.
When a court rules that a parent is unfit to care for a child, the court may terminate the party’s parental rights. When the court terminates parental rights, a family member or an unrelated party may petition to adopt the child. The Burleson Firm handles adoptions by both related and non-related parties in Alabama.
Contact The Burleson Firm
From a central location in Birmingham, Alabama, The Burleson Firm has helped clients in Alabama with family law issues for over 20 years. If you are facing a family law case, our law firm can help you determine the best course of action. Let The Burleson Firm schedule a no-obligation conference with a serious family law attorney to answer your questions.
For a free phone consultation, call us at 1 (205) 795-2033.