We Can Request Divorce Modifications for Family Law Clients
At Charlotte Christian Law, we represent clients who need to modify their court order after a divorce is finalized. The Alabama family court system understands that sometimes an agreement or order no longer fits. Most divorce modification petitions center around child custody, visitation, or support. However, we can also help you modify alimony payments.
Like divorces, courts classify Petitions to Modify as uncontested or contested. If all parties agree to the change, this process generally moves much quicker. The judge may require a court appearance for a contested modification. The court hears evidence from each side and decides whether to move forward with the change and issue a new order or not.
While you cannot alter property division after a decree in most cases, the court enforces orders regularly. We help clients get payments, assets, or other court-ordered property from their former spouse by petitioning the court regularly.
Jefferson County Family Court Frequently Asked Questions (FAQs)
Our team compiled this list of common questions from clients and potential clients. If you do not find an answer below or have additional concerns related to your unique situation, we can evaluate your options with you. Do not hesitate to reach out.
Can I Handle My Divorce or Modification Without a Lawyer?
As a practical matter, no. The procedures are too complex and you don’t want to make any mistakes that could cost you money, property, or child custody rights.
Hire a lawyer to handle a divorce or child custody modification properly. Mistakes greatly affect your financial health, your child’s well-being, and more. Many cases prove much more complex than they seem. When our Birmingham family law attorneys review your case, you have peace of mind knowing a lawyer familiar with these cases will guide you every step of the way.
Our team members offer advice and answer questions during your initial consultation, but there is no obligation to hire us for your case. This allows you better understand the facts of the case, the process, and the possible outcomes. You can then decide if you want to hire us.
Is My Petition Contested or Uncontested?
Uncontested divorce filings or Petitions to Modify a court order require both parties to agree on all aspects of the filing. This does occur, especially when they reach agreements before preparing their complaint or petition. Uncontested petitions typically move through the process faster and require only the judge’s approval before finalizing.
Contested filings in family law courts occur when the parties do not agree on some or all of the related factors. In a divorce, this could include property division, alimony, child custody, visitation, child support, and more. A disagreement on any of these aspects of the split will require the case to go to mediation and reach a consensus or go to court.
In court, the judge reviews the evidence, hears from witnesses, and decides based on the facts of the case and the applicable Alabama laws.
How Does Alabama Calculate Child Support?
Like many other states, Alabama uses certain guidelines to tabulate how much a parent will pay the other each month in child support. Even when parents share custody, these guidelines generally call for a support payment.
The factors considered include each party’s income, how many children they support, and other factors, including childcare and medical insurance costs.
Does My Family Law Case Have to Go to Court?
While all family law decisions require approval by a judge, few go to court. Most spouses and parents reach agreements on the contested aspects of their divorce or dispute and don’t have to go to court. This occurs through discussions with and without attorneys, each party making concessions, and help from a mediator.
Courts also give parents wide discretion to go by a parenting plan that works for them, including modifying it as necessary because of schedule changes, job changes, and the children’s ages. However, we recommend requesting a modification of your court orders if you require a long-term change to your parenting plan