Russell W. Crumbley
Attorney at Law
521 Madison St., Suite 201
Huntsville, AL 35801
Phone: (256) 539-4464
Fax: (256) 539-4462
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Legal Aspects of Divorce
Divorce is an increasingly common occurrence in our society. Yet its effect on the parties, their property and children can often be devastating. Once entered, the provisions of a Divorce Decree can establish the parties' rights permanently. If you have decided to obtain a divorce, you should consult your personal attorney to assist you in handling the legal aspects of this court proceeding. Few lawyers consider themselves marriage counselors, but they are concerned for your well-being and how a divorce action affects you. This pamphlet is an attempt, in a general way, to present you with the board issues involved in a divorce.
Grounds for Divorce
The basis or cause for which a court may grant a divorce is commonly referred to as a "ground" for divorce. There are many different grounds for divorce in Alabama all of which are created by statutes. The most commonly used ground is incompatibility. In practice, it is ordinarily not difficult to convince the court that incompatibility exists sufficient to dissolve the marriage relationship. A divorce based on this ground is commonly referred to as a "no fault" divorce. However, even though a finding of fault is not necessary to the court's decision to grant a divorce, it is often a very important factor in such matters as child custody, alimony, and division of property.
Other grounds for which divorce in Alabama may be granted include: adultery, desertion, imprisonment in the penitentiary for certain prolonged periods, addiction to alcohol or drugs, Mental incapacity, cruelty, or conditions which existed at the time of the marriage without the knowledge of the other party such as pregnancy and incurable physical problems which keep one spouse from entering into the normal marriage state.
Divorce by Default or Trial
Two common methods of obtaining a divorce are by default or by trial. A default divorce occurs when the party against whom the divorce suit is brought fails to respond within the time limits set by law. If the defendant does appear and files a response to the complaint, the case will be set for a trial. In this set of circumstances, unless the case is settled prior to its going to trial, there will be an actual trial before the Judge with each party having the right to call witnesses. In either case the Judge must decide all of the pertinent issues, such as whether or not a divorce will be granted, custody of the children, amount of child support, alimony, and division of property. The Judge will decide all of these issues and will make the final decision concerning the divorce. The difference is that if there is a default, the Judge will base his ruling on the oral or written testimony of only the party who filed the suit.
Non-Contested Divorces
The most common type divorce today is one in which the divorce is not contested. This means that the parties, both husband and wife, agree to get a divorce. In such a divorce, the parties usually enter into a written marital agreement defining their rights and duties and other issues of the divorce.
Marital Agreement
This agreement should spell out all of the terms of the divorce, specifically including all matters relating to the children and all property owned by the parties. It is presented to the Judge, and if he approves it, a divorce is granted and the marital agreement is made a part of the divorce decree. By making this agreement, the necessity of a trial is avoided.
Are you facing divorce or do you need legal advice on a domestic law matter? Please contact Russell W. Crumbley at 256-539-4464 to schedule a consultation or click here to complete a short form and a member of our firm will contact you shortly. Thank you.
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