ALBERTVILLE & GUNTERSVILLE, AL FAMILY LAW LAWYERS
If you are thinking about filing for divorce and you contact an attorney, one of the first questions they will ask you is whether your divorce is going to be contested or uncontested. Often, the answer to that question is not simple.
Generally speaking, when we ask that question we are trying to determine whether you and your spouse have discussed some or all of the issues that may be involved in your divorce and how far apart the two of you have been in those discussions. If you and your spouse have worked out all of the issues, such as equitable division of property and debts, alimony, and child support, prior to contacting an attorney, then your divorce will most likely be uncontested. From an attorney’s perspective, in an uncontested divorce, an attorney for one of the parties will draft a settlement agreement reflecting the agreement, both parties will review it, there will be minimal, if any, changes to the agreement, and then it will be ready for the parties to sign and file with the court.
The decisions you make during a divorce will have an effect on the next phase of your life – life after divorce. Sam and Dani will help you make those decisions calmly and thoughtfully.
WHICH LAWYER SHOULD YOU HIRE to do your contested divorce in GUNTERSVILLE OR ALBERTVILLE, al?
First, look for attorney's qualifications. The National Trial Lawyers Associations selected Dani Bone as a Top 100 Lawyer in the Country for 2018. The National Trial Lawyers Associations selected Sam Bone as a Top 40 Lawyer Under 40 for 2015.
Next, look at our reviews online for our services and compare them to other attorneys in the area to decide whether we should be your lawyer.
ALBERTVILLE & GUNTERSVILLE DIVORCE ATTORNEYS
Dani Bone & Sam Bone are exprienced family law attorneys that recognize that domestic troubles can be extremely emotionally and financially taxing on families. We are ready and willing to meet with you and provide you with the information that you need to address your specific domestic issue, and strategize about how you can meet your goal as amicably and cost effectively as possible. We provide quality legal services in a wide variety of family law areas, including:
albertville & guntersville CHILD CUSTODY AND VISITATION MODIFICATION
After child custody has been initially determined, a court may modify the initial custody order upon a showing of a substantial and material benefit to the children so great that it overcomes the inherently disruptive effect of a move upon a child. This is known as the McClendon Standard.
ALIMONY MODIFICATION IN GUNTERSVILLE AND ALBERTVILLE
In Alabama, after a divorce matter has been concluded and a Final Judgment and Decree of Divorce has been entered in the matter, an action for a modification of alimony may be filed by either of the former spouses in order to seek a reduction or increase in the amount of spousal support being paid by one former spouse to another. There are many factors relating to whether alimony can be modified including but not limited to a substantial change in the income of one party, the remarriage, cohabitation by the spouse receiving alimony with whom he or she is not married or the depth of either party.
Generally, contempt of court refers to an action or actions that disregard or disobey a court order. Whether or not a case for contempt is appropriate is dependent on many factors. It takes an experienced attorney to determine whether the facts and questions would rise to the level of contempt.
In Alabama, in instances where the father and the mother were never married, either parent may seek to have the paternity of the child established by the Domestic Relations Court and the out of custody parent can be ordered to pay child support.
In Alabama, family violence, or it is otherwise known as domestic violence, can be addressed through the issuance of a protection from abuse petition and a restraining order against the party committing domestic violence.
PRENUPTIAL AND POSTNUPTIAL AGREEMENTS
A prenuptial agreement or ante-nuptial agreement is a contract entered into by a couple prior to marriage that divides the couple’s assets in case of divorce. Prenuptial agreements are quite common where one party to the marriage has a great deal more assets than the other party. Prenuptial agreements are only concerned with property, one cannot enter prenuptial agreements concerning child custody or child support.
Alabama still recognizes the concept of legal separation. However, it is used in very limited circumstances.
The law concerning grandparent visitation in Alabama is in a state of flux. The Alabama State Legislature considers new laws about grandparent visitation each time that they convene. The issue of grandparent visitation has been hotly contested in the highest courts in the U.S. and Alabama. It takes a family law practitioner with many years’ experience to help grandparents negotiate the process. Nettie has been practicing in family court in Tuscaloosa since 1988 and have spoken at Continuing Legal Education seminars about this subject. She follows the pending legislation closely. Grandparents need to talk to an attorney about their rights in this ever-changing area of the law.
What is a deposition?
It is commonplace for depositions to be taken where the parties are required to questioned in person and under oath by opposing counsel. These depositions can last anywhere from a couple of hours to an entire day or more. Your answers at the deposition are transcribed by a court reporter, and can be used against you later at the divorce trial. You don’t want to try to handle this discovery process on your own without competent divorce counsel who has been there before.
Albertville / Guntersville child custody attorneys representing clients in Marshall County, Alabama
What is divorce mediation? Should I mediate my divorce?
After discovery is completed, your case is set for trial at the courthouse in front of an Alabama family court judge. Often, the family court judge will Order the parties mediate their case in an effort to resolve their differences before the judge will hear the trial. Again, divorce attorneys representing both sides will represent the parties at mediation, and advise their respective clients as to their rights.
If mediation is unsuccessful, or is never ordered, the case will finally go to trial before the family court. At trial, attorneys present evidence through witnesses, including their clients. Divorce attorneys make relevant objections to keep out evidence that is inadmissible, and make legal arguments based on Alabama statutory and case law to support their clients position. Ultimately, the judge will have the final decision as to all aspects of the divorce decree.
Contested divorces are often highly contentious and should only be undertaken with the assistance of a competent divorce attorney. If you are going through a contested divorce in Alabama or the Albertville / Guntersville area, contact the divorce litigators Dani V. Bone & Sam D. Bone at to discuss your case at (256) 547-1005