Frequently Asked Questions

Answers From a Birmingham Family Lawyer

Though no two family law matters are the same, at Gossman Law Firm, LLC, we commonly hear many of the same questions from clients approaching a case. On this page, we provide some answers to some of the most frequently asked questions we receive. If you have a question that isn't addressed below, feel free to contact our Birmingham family law attorney for an answer!

What Are Sufficient Grounds For Divorce in Alabama?

The State of Alabama does not grant a “no fault divorce”, but a divorce can be granted on grounds of “incompatibility” or because of an “irretrievable breakdown”. There are a total of twenty-three grounds for divorce, including abandonment, adultery, drunkenness, etc.; however, most uncontested divorces simply claim incompatibility or irretrievable breakdown, and do not fault either person.

What Is a Mediated Divorce?

Divorce mediation is a process in which a neutral third party oversees the negotiation process to help the parties reach a settlement. If the parties negotiate and sign an agreement, no trial is necessary and the parties do not need to go to court. Not only can mediation save significant amounts of time and money, it can also provide a foundation for more civil relations as the parties move forward.

How Is Child Custody Determined?

If parents are unable to agree to a custody arrangement on their own, they can ask for a hearing called a Pendente Lite Hearing. The Judge can grant joint custody or sole custody. Many factors are taken into consideration, including who the children are living with, the stability of the parents, the relationships the parents have with the children, and who has been the child’s primary caregiver. The Judge can grant pendent lite custody, establish child support, visitation periods, possession of the marital residence, and rule on other issues until a final trial is set for the matter.

Do I Have to Hire an Attorney to File For Divorce?

No, you can file for a divorce in Alabama without hiring an attorney. However, not having a lawyer can actually cost you more time and money than what it is worth. Many unexpected legal issues arise, and extensive documentation must be detailed and very specific. At Gossman Law Firm, LLC we offer flexible payment plans and a flat rate of $249 plus filing fees for an uncontested divorce.

A divorce lawyer can help you negotiate:

  • Child custody, child support, and maintenance
  • Spousal support
  • The division of property

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