Divorce grows out of a married couples desire to end their marriage for a
variety of reasons. Each divorce involves different reasons and facts.
Whether it is a mutual divorce or one that will be a contest, our attorneys are
here to help you during your sensitive time. Call us at Swann-Zwiebel
today (205) 623-1001. We understand that divorce can be a time of decision
that will change the way you live in many different ways. The income base
that once was enjoyed and shared by both parties during the marriage will
certainly be different after divorce. The residence where each party has
lived throughout their relationship as husband and wife will certainly change in
most cases. The confidence you once had in your spouse will begin to look
different than it did when you were married with common goals in mind. A
divorce ends a marriage and changes the way people live their lives without
their spouse. When contemplating divorce it is a time to get legal advice
to know what your rights are after divorce. Each person who decides to end a
marriage needs to know how they can best protect their rights.
Once a party has decided to file for divorce, they must decide the grounds on
which to file. In Alabama there are several reasons for divorce.
There is incapacity, adultery, abandonment, imprisonment, crimes against nature,
habitual drunkenness or drug addiction, incompatibility of temperament, mental
incapacity or insanity, irretrievable breakdown, pregnancy of another, violence
or cruelty, nonsupport and separation. Of these grounds, irretrievable
breakdown of the marriage is the most common used. It is the closest to a
no-fault divorce that Alabama will recognize. In this type of divorce
attorneys often cite that the parties have had an irretrievable breakdown of
their marriage and further attempts at reconciliation are impractical or futile
and not in the best interest of the married couple. This language tells
the judge that the parties can no longer live together and that their marriage
is irretrievably broken. While there are numerous grounds, it is important
to allege a ground that you can certainly prove. If adultery is your
ground there must be proof that at lest one act of illicit sexual intercourse
occurred with someone other than your spouse and there was an agreement or
implied agreement that the relationship would continue. A single act of
sleeping and having sex with someone other than your spouse is insufficient to
technically prove adultery. This is where the advice of an attorney will
be most helpful. If your ground that you have chosen to file for divorce
with is an unproveable ground, there is a danger that you will lose your case.
It is common practice to allege irretrievable breakdown as a basis to file for
divorce and then demonstrate to the judge that the breakdown occurred for one of
the reasons that could also be another ground for divorce. The basis of
this is that if there is not enough evidence to prove adultery the case will
continue on as a divorce case on the no fault ground. The simplest means
of explaining what adultery will do to a divorce proceeding is that adultery
will change the amount of monetary award a party stands to receive. Fault
on the part of a spouse will enable a judge to divide the property and financial
aspect of a case in a ration the judge sees fit due to the fault.
In cases where child custody is at risk. It is vital that the
parent seeking custody does not have fault on their side. While fault in
the terms of adultery do not necessary affect their parenting ability it can be
a consideration taken into account when awarding custody. In an original
divorce proceeding child custody will be based on the best interest of the child
which will include numerous factors.
A divorce begins with the filing of the complaint and an appropriate basis for
divorce based on the facts involved in your marriage. Once the divorce has
been filed, the opposing party will be served with the complaint. The opposing
party will be entitled to 30 days before an answer to the complaint is due.
After an answer has been filed there will be a process of what is called
discovery. The parties will be required to answer questions about their
conduct and financial means during the marriage. They will also be
required to produce documents that relate to all areas of the request.
Then there may be a deposition taken where they will give testimony outside of
court but under oath to events that transpired during their marriage.
After that there will be multiple avenues that their divorce may take.
Some couples opt for mediation where they are assisted by a neutral mediator
with the advice and counsel of their attorney to come to a settlement. If
mediation is not selected there will be a trial setting that both parties are
required to attend. At trial each party will be subject to questions being
asked by each spouse's attorney. Evidence will be submitted to support the
assertions of each party and then a judge will decide the outcome of the
There are several ways to present a case to a sitting judge that can shed light
on a person that is favorable. Our attorneys at Swann-Zwiebel are ready to
go to trial and thrive in the courtroom. We will be able to sift through
the evidence and determine what needs to be brought to the judge's attention.
Call us today, we are here to answer your questions (205) 623-1001.