Best Child Custody Lawyers in Huntsville, AL

In Alabama, there exist several grounds for divorce. However, the courts in Alabama also grant "no-fault" divorces; that is, neither spouse was at fault for the marriage breakdown. Typically, such divorces are founded on the "incompatibility" between the spouses and "irreconcilable differences" between them.

Luckily, Alabama has the principle of "equitable division." It means that when the courts decide the division of assets between the spouses, they will consider the circumstances of each party, marital history, and the length of the marriage. The court will then determine what will amount to fair division of assets based on these parameters. It is unnecessary that you have to rely on the court to divide the assets. There is always an option for the parties to create an arrangement to divide their assets with an agreement. Any asset used for the "common benefit of the marriage" is subject to division in Alabama.

When served with your spouse's complaint about divorce, you will have to file your reply using a document called "answer." Typically, the answer contains a point-by-point rebuttal raised, detailing whether you agree or disagree with the contents. The answer also outlines your legal defenses. Where you disagree with the contents, you must challenge it by making the submissions that support your arguments.

There is a minimum 30-day period of waiting in Alabama before the court can give a final ruling. However, that does not mean that the circuit court judges are prevented from issuing "temporary orders" during the said waiting period. The rationale for the temporary orders is that the divorcing couple's financial and child custody-related issues are stabilized. Either party can move the court to pass an interim order relating to child custody issues, child and spousal support, visitation, and occupancy of the marital residence. The temporary order ceases to affect as soon as the final judgment on the case is passed. This temporary order or motion is called a motion for Pendente Lite.

This is at the court's discretion. It is possible to prevent the ex-wife from using the husband's name or even the ex-husband's initials in Alabama. The court typically makes such a decision by looking into the facts and circumstances and applying common sense and good judgment while assessing those facts. The court will either allow the ex-wife to use the ex-husband's name or direct her to revert to her maiden name. If children are involved, the ex-wife will almost always be able to maintain the children's last name.