Help when you need it most.
When life hits you with unexpected, life-altering events, having a compassionate, experienced Athens family law attorney by your side can make all the difference in the eventual outcome. Family law issues can be complex and emotional at the same time. Many of us struggle to maintain stability in our everyday lives when family events occur, while we deal with the resulting financial and legal ramifications Having a knowledgeable family law attorney from Martinson & Beason ensures you and your situation are treated with respect, compassion and confidentiality. We understand that each family law case is unique, and we approach it as such; our clients are never simply a case, rather we work hard to focus on the individual and his or her unique situation, listening to all concerns and answering questions. There are many areas of family law, including:
- Divorce and separation
- Child support, custody, and visitation
- Pre and post-nuptial agreements
- Alimony or spousal support
- Asset disposition
- Probates and wills
- Same-sex divorce
- Domestic violence
The most common family law issues in the state of Alabama include the following:
- Alabama Divorce—In order to file for divorce in the state of Alabama, one of the spouses must have resided in the state for at least six months prior to filing. If the couple currently resides in separate Alabama counties, the divorce Complaint will be filed in the circuit court of the county in which the non-filing spouse resides or the circuit court of the county in which the spouses resided when the separation occurred. For an uncontested divorce, the Complaint can be filed in any Alabama county. In the state of Alabama, a couple may file a no-fault divorce, citing incompatibility or irretrievable breakdown of the marriage. If the spouse filing the Complaint decides to cite a fault, there are ten possible faults in the state: Adultery, voluntary abandonment for a year prior to filing for divorce, imprisonment for at least two years with a seven year sentence (minimum), addiction to drugs or alcohol, the commission of a crime before or during the marriage, confinement in a mental hospital on the part of one spouse for at least five successive years, the wife was pregnant at the time of the marriage without the husband’s knowledge, the wife has lived in Alabama for two years, apart from her husband with no financial support, one spouse committed violence against the other or one party was physically and incurably incapacitated from entering the marriage at the time of the marriage.
- Alabama Division of Assets—In the state of Alabama, assets are split during a divorce according the rules of equitable distribution. Some states operate under community property laws, meaning everything is split equally. Under equitable distribution laws, the split must only be “fair,” but not necessarily equal. The court will apply a specific set of factors to your Alabama divorce to determine the past efforts and future needs of both spouses when deciding how the marital assets should be split.
- Alabama Custody Issues—As with most states, Alabama child custody is determined by considering the best interests of the child. Every relevant factor which has to do with the child will be taken into consideration, including the stability of both parents, the living situation of each parent, the child’s current living arrangement and relationship with each parent, each parent’s ability to provide for the child and which parent is more able to provide a secure, safe environment. Neither the mother nor the father are preferred during a custody dispute; sole custody with visitation or joint custody may be awarded. Visitation will be awarded unless there is a history of domestic violence.
- Alabama Spousal Support—In the state of Alabama, spousal support may be awarded when one spouse’s need is clear, and the other spouse has the ability to meet that need. The judge will take a number of factors into account when deciding on spousal support, and, unlike many other states, misconduct on the part of one spouse can be taken into account when deciding on spousal support. In other words, if one spouse committed adultery and that adultery led to the breakdown of the marriage, the judge may feel the other spouse is entitled to spousal support. While the couple can negotiate their own agreement regarding spousal support, the court is free to agree or not after considering all the circumstances. There are many different types of spousal support. One spouse may receive rehabilitative spousal support which allows them to return to college or otherwise train for a better job in the future—or in some other way prepare for their financial future as a single person. Spousal support can be permanent, although this is rare, or can continue for a specified length of time. A judge will look at the length of the marriage, the conduct of each spouse, the standard of living the couple enjoyed during the marriage, whether there is a significant disparity between the spouse’s incomes, the earning ability of each spouse and the age and health of each spouse.
Dealing with Your Family Law Matters in the Best Way
Family law matters are very personal; it is imperative that you have an Athens law firm in your corner which holds itself to the highest standards of integrity and professionalism. We promise to use our many years of collective legal experience to promote the goals and best interests of our clients. We strive to get our clients through these extremely difficult times as financially and emotionally unbroken as possible.
While we will diligently search for beneficial solutions outside the courtroom, we are never hesitant to go to trial when the situation warrants. Unfortunately, in many divorces and child custody cases in particular the power struggles which are taking place don’t necessarily end when the case is over. Courts are rarely concerned with the feelings and emotions of those embroiled in legal issues therefore our attorneys become your constant advocates.
Compassionate, Experienced Help When You Need It Most
The law firm of Martinson & Beason is well-respected and well-known in the Athens area. We receive a large portion of our client base through referrals from satisfied clients and have earned our solid reputation one client at a time. You may feel as though your world is falling apart and we are here to ensure you get what you need no matter the situation. We will support you through the maze of difficult decisions and will be the law firm you can trust. Contact Martinson & Beason today!