Our attorneys help you through every aspect of your divorce as painlessly and quickly as possible. We are sensitive to your family’s needs throughout the divorce process, and we aggressively work to protect you and fight for your interests.
In Alabama, divorces are usually considered "no fault," making it relatively easy to obtain a divorce from the court using the reasons of "irretreivable breakdown" and/or "incompatibility of temperament". In an uncontested divorce, the spouses may have some idea about how they would like to split their assets and how to address some of the terms of their divorce, settling such matters as child custody, spousal support, how to divide assets and debts, and other issues related to their marriage. In this case, a lawyer can review your terms to ensure you have covered all the necessary points, then draft and help finalize the divorce for you.
A contested divorce, on the other hand, means that a couple has not yet agreed to the terms of the divorce. Complex and aggressive negotiations may be required to reach a resolution. At The Gallini Group,LLC, our divorce lawyers are sensitive to your unique situation, and we will aggressively protect your interests. We will work very hard to fight for what YOU want and deserve. Contact us today. You can have a free consultation with an experienced Alabama divorce lawyer.
In Alabama, we are a so-called “equitable distribution” state. The division of property and debts between the divorcing parties should be fair and equitable, but not necessarily equal. There is no fixed standard to divide property, each case will be decided on its facts, and the trial court’s discretion will not be disturbed on appeal without a showing of clear abuse.
The division of property must be determined according to the particular facts and circumstances of each case. The court may divide jointly owned property according to the equities of the case. The Judge may award property to one spouse that was owned during the marriage by the other spouse, it may award property to one spouse even that was owned during the marriage by the other spouse’s corporation, and it may order property sold to bring about an equitable division of property.
The Court holds a great deal of latitude and much flexibility in defining what is "equitable distribution."
In general, child support is one of the few things in divorce that is relatively certain. For the majority of divorces involving minor children, child support is a straightforward application of a formula (Rule 32) that is entirely a creature of statute, and most anyone can do the calculation easily. Alabama uses a model called “income shares” to figure child support. The formula turns on the following factors:
a) The combined gross income of the father and the mother.
b) Each parent’s gross income as a percentage of the combined gross income.
c) Any pre-existing obligation to pay child support or alimony.
d) The number of children under 19.
e) The amount paid for work-related child care, subject to some limitations
f) The amount paid for health insurance for the children, and the party responsible for paying it.
The child support guidelines are mandatory, and the Judge may deviate from them only where the parties have entered a fair, written agreement establishing a different amount of support and stating the reasons, or upon a written finding on the record that the application of the guidelines would be manifestly unjust or inequitable.
The guidelines only account for income above $6,600 per year and up to $120,000 per year. If the income falls outside the range, the trial court has discretion to come up with a figure in its discretion. This discretion is not without limits, however. It must relate to the reasonable and necessary needs of the children.
Often the most critical part of a divorce case involves the custody of the children determination. Our attorneys have experience helping families quickly come to resolution in this highly sensitive matter. Each parent or relative we represent can rely on our commitment to our clients in custody matters.
Child custody and visitation requires careful, sensitive representation that considers the best interests of children whose parents are divorcing, separating, or renegotiating custody or visitation. The Gallini Group, LLC, has helped married and unmarried clients throughout the State of Alabama reach satisfactory child custody and visitation arrangements, through effective negotiation or litigation where required. Custody is an emotionally challenging issue, where both parents are anxious to spend as much time with their children as they can. By carefully listening to and articulating our client’s wishes, we help obtain the best possible outcome.
Divorcing parents as well as unmarried parents need to learn the child custody and visitation options that are available to them and the legal standards applied to the different options. They need to work through the emotional stress of a divorce or custody case in order to do what is best for their child, hopefully agreeing on custody and visitation issues without the need for a trial. Knowledgeable advice and representation from an experienced family law attorney often makes the difference in reaching a fair, mutually satisfactory agreement. When an agreement cannot be reached, success at trial may depend on the early involvement of a family law attorney.
Legally, the set of parental responsibilities regarding day-to-day care of the child as well as the rights to direct the child's activities and make decisions regarding the child's upbringing have been split into the separate categories of physical and legal custody for family law purposes.
Physical Custody means the actual living arrangements of the child and the rights and responsibilities associated with daily childcare; and
Legal Custody mean the responsibilities associated with raising a child and includes such questions as religious upbringing, school choice, and medical care.
There are many options regarding the division of these rights and responsibilities between divorcing parents. Some options are available as part of an agreement and some options may be required by court order. Parents are typically awarded joint custody. The court prefers this arrangement when it can be accomplished.
Joint Custody: In joint custody, parents share responsibility for decision-making and/or for physical control and custody of the children. Couples may agree upon joint custody or the court may order it. Couples with joint physical custody usually share legal custody, but joint legal custody does not necessarily mean joint physical custody.
Temporary Hearing: Shortly after the initial court documents are filed seeking a divorce or after filing an original suit regarding custody (if parents are unmarried), the family court will hold a temporary hearing and then issue an order that controls the relationship of the parties until there is a final Divorce Decree or a Final Order (when parents are not married). When custody is contested, the order creates a temporary custody solution. Unless there is evidence that doing so would not be in the best interest of the child, temporary custody is typically granted to the person who stays in the marital home. Temporary custody orders should have no bearing on which party will ultimately be awarded permanent custody. However, depending on the circumstances, the temporary custody order may indicate which parent the court thinks is the more suitable.
Once custody has been established either through agreement or court order, parents may seek court involvement to modify the established arrangement if they cannot agree to a change. In order to support a request for a change the parent seeking the modification must show a substantial change in circumstances.
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