Divorce Attorney

   Divorce Lawyer, Family Law, Child Custody and Juvenile Delinquency Lawyer in Birmingham, Jefferson County, Shelby County and Surrounding Counties in Alabama    

  John has the experience and knowledge in all phases of family law, divorce, child custody, and juvenile delinquency. From the initial client interview, to the courtroom and appeals process, John knows what you are entitled to under the law and what the judges will generally award based on the facts of the particular case.  A “contested divorce” means that the parties agree to divorce but cannot agree on child custody, child support, division of property and visitation.  The process of a contested divorce begins with the filing of the “complaint.”  The courts require specific language (pleadings) that includes, the parties, venue, facts relating to the marriage, children, property and reason for the divorce.  There has to be a “prayer for relief” that states what the parties are asking for.  The technical requirements are complicated and need the skills of an experienced lawyer.

     Once the other party is “served,” (evidence that they have received the complaint) they have thirty days (30) to answer the allegations of the complaint.  If the other party does not answer then the court may order a default judgment granting the filing party what was asked for in the complaint and granting the parties divorced.  If the other party answers the complaint in a timely manner, the process of “discovery” begins.  This is long process where the parties “discover” the reasons for the divorce, the assets of the parties, including real and personal property, who is the “best fit” parent to care for the children.  This can be very costly to both parties and requires a skilled attorney.  The court will look for what is in the “best interest” of the children and this involves numerous facts and circumstances that have been set out by law and prior decisions of the Appellate court and Supreme court of Alabama.

     Oftentimes the court will order mediation at the beginning of the process to see if the parties can settle their disputes, avoid the high cost of litigation and the resources of the court.  The court generally make awards based years married, best interest of the children, and what is equitable (fair) to both parties.  The court generally will award the parties what they brought into the marriage and then split 50-50 what was acquired after the marriage.  If the marriage lasted more than ten (10) years, then the retirement benefits are divided equally.    

     John has been successful in getting custody awards for a variety of clients.  In one case for a lesbian couple where the parents had temporary custody and refused to allow the grandchildren to be with the parent.  The case was tried and custody was awarded to the mother.  In another case that was settled before a hearing, the drug addicted mother gave up custody of her children to the father who was my client.  Numerous factors are considered in a divorce including calculation of child support, visitation, relocation, division of real and personal property and assets.  It is a complicated process and the skill and expertise of an experienced attorney is essential in protecting your interest.

  John has the experience, expertise and knowledge of the law that you need on your side in divorce, child custody, family law and juvenile delinquency cases.

Call John Now!  205-745-7053