Charlotte Christian Law

At Charlotte Christian Law, we stand by your side and guide you through the process—from start to finish. We work to protect your financial well-being, help you navigate child custody disputes, and explore opportunities and solutions that you may not have imagined. Our skilled Talladega, Alabama divorce attorneys advocate for your best interests at every turn and work hard to have your voice recognized.

Divorce can be one of the most challenging times of your life. On top of it all, your court case may seem unfair. Fortunately, our family law firm can help protect you from an unfair legal result. Our main goal is to protect your legal rights while safeguarding your future. We’ve seen many divorce and family law cases and understand how emotional they can be. Our Talladega divorce attorneys work to ensure you move through the process efficiently and have someone to protect your rights.

We strive to make our clients’ todays better than their yesterdays. Whether you’re contending with a divorce, custody, child support, or need to modify an existing order, our Talladega divorce lawyer will bring compassion and kindness to your legal matters.

Learn how we can help you today by calling (256) 445-9206 or filling out our online form.

Get Divorce Help Today

Get advice from a qualified legal professional.

We’re the divorce lawyers that Alabama residents trust.

No one should be uncertain during a divorce. At Charlotte Christian Law, our attorneys help you through each step. Move toward a brighter future with clarity and confidence. We help you achieve a future without headaches, where you finally feel in control again. Whether in Birmingham, Talladega, Tuscaloosa, Florence, Decatur, Athens, or areas in between, we want to make your day today better than yesterday.

Preparing Your Case

Divorce proceedings are initiated by filing a complaint with your circuit court. As your divorce lawyer, we can initiate a divorce in Talladega by filing a complaint with your local circuit court.

A complaint is a legal document or pleading that a party is required to file with the court to initiate a divorce.

Several pieces of important information must be contained in the complaint, including:

  • The names of the plaintiff and defendant
  • The ages of all parties involved in the case
  • The date of residency for one or both parties
  • The date and location of the couple’s marriage
  • The grounds for divorce
  • Children’s names, dates of birth, and Social Security numbers
  • A date of separation, as applicable

You must include a copy of your marriage certificate alongside your initial complaint.

Upon filing your complaint, a Talladega divorce lawyer can serve a copy on the defendant. The defendant can answer your papers with additional information about the dissolution of the marriage. This response must reach a local circuit court within 30 days of the original complaint’s submission.

Failure to submit a response within the deadline allows the plaintiff to request a Divorce Judgment by Default.

Answering a Divorce Complaint

When you answer a divorce complaint, you do more than affirm your interest in divorce proceedings. You also have the opportunity to elaborate on the issues that you want the upcoming proceedings to address. This includes the division of property, the settlement of debts, and any concerns you may have about child custody.

To have a court address these concerns, you need to tell area courts about any property you share with your spouse. You also need to frankly discuss your debts and the emotional well-being of your children.

You can work with our law firm to elaborate on these issues. We can help you submit your essential documentation within 30 days of receiving your summons.

Establishing Your Grounds for Divorce

Before you are legally permitted to pursue a divorce throughout Alabama, you need to establish your reasons, or “grounds,” for separation. Your reasoning must be recognized by state law for your case to proceed.

Some of the most common grounds for divorce in Alabama include:

  • Adultery
  • Voluntary separation within Alabama for at least two years
  • Voluntary abandonment for at least a year
  • Imprisonment for at least two years within the past seven years
  • Confinement within a mental institution for at least five years during the marriage
  • Participation in criminal activities
  • A pregnancy prior to the couple’s marriage that did not involve one of the spouses involved in the current marriage
  • Drug addiction

If your reasons for seeking a divorce are not listed above, you’re not out of options. Upon reading a summary of your reasons in your complaint, a judge can determine whether or not your marriage has suffered an irrevocable breakdown. What constitutes a breakdown is up to individual judges.

With that in mind, you can discuss your circumstances with a divorce attorney in Talladega, AL ahead of time. An initial case review can help you get a sense of your legal standing.

Residency Requirements for Divorce in Alabama

To file for divorce in Alabama, one of the spouses must have been a legal resident of the state for at least six months prior to the filing of the divorce complaint. The state establishes this requirement in Alabama Code § 30-2-5.

If neither spouse has been a resident of Alabama for the requisite amount of time, the couple may pursue divorce proceedings in another state.

Types Of Divorce

Different couples find themselves involved in different kinds of divorces. For example, a couple who peacefully goes through the divorce proceedings enjoys an uncontested divorce. Similarly, divorces resulting from an amicable plan can be termed no-fault divorces.

Should one party fail to respond to a divorce case summons, the plaintiff may benefit from a divorce by default. This kind of divorce allows a judge to divide a person’s property without legally admissible input from the defendant.

Finally, there is at-fault divorce. At-fault divorces see one party attempt to hold the other accountable for the failure of a marriage. These cases may involve more conflict than the others, necessitating legal representatives and a judge to mediate on the client’s behalf. This intervention can equitably divide property and responsibilities between the parties, even if not to everyone’s satisfaction.

Family Law Services We Offer to Talladega, AL Residents

When you bring your concerns to our team of Talladega divorce attorneys, you gain access to the full spectrum of family law services.

Additional Divorce Paperwork

After filing for divorce, your circuit court might ask you and a divorce lawyer in Talladega to provide more documents. The forms most frequently associated with Alabama divorce cases today include:

Protection Orders and Restraining Orders

Protection orders and temporary restraining orders (TROs) serve similar purposes in Alabama court cases, though they are distinct documents. When submitting your initial complaint, you can request either a TRO or a protection order.

A judge will grant a protection order in cases of domestic abuse. Alabama judges can issue protection orders before or during a plaintiff’s divorce proceedings.

A judge has the authority to grant the protection order holder:

  • Child custody
  • Possession of a home or vehicle
  • Additional financial relief

In divorce actions, the judge might issue a TRO granting relief akin to a protection order, especially in cases of domestic violence. This order ensures the victim’s safety and can also be given to shield children involved in the divorce proceedings.

Additional Paperwork

During divorce proceedings, the court may request that you fill out a Vital Statistics Form, an Affidavit of Residency, and a document labeled Testimony of the Plaintiff.

If your divorce impacts children, you must provide documents detailing their relationship to your complaint, such as:

  • Child Support Guidelines Notice of Compliance
  • Child Support Guideline Form
  • Child Support Obligation Income Statement
  • Child Support Information Sheet
  • Certificates of Attendance for mandatory training or counseling

These papers help frame action plans for your children’s well-being during and post-divorce.

Divorce and Your Finances

Initiating divorce proceedings necessitates revealing your financial standing to your circuit court. This data aids the court in distributing assets.

Property solely owned by a spouse will be returned to that individual post-divorce. Judges can then evaluate the remaining assets and split them equitably. This division often involves discussions between the judges, lawyers, and the divorcing parties.

Mostly, judges will scrutinize financial data to decide the distribution of assets. For instance, a partner with a higher income might receive fewer assets than an unemployed partner to maintain economic balance.

Temporary Alimony Versus Permanent Alimony

When reviewing your case, a judge may decide to provide alimony to support you financially during and after divorce. The alimony amount is determined by factors like your earning power, the duration of your marriage, and the reasons for the marriage’s breakdown.

There are two types of alimony: temporary and permanent. Temporary alimony supports the needy party from the time a divorce suit is filed until its conclusion. On the other hand, permanent alimony is included in your final awards. You can opt for periodic or lump-sum alimony based on your preference. However, the final decision rests with the trial judge, and alimony values are separate from other divided assets.

Child Custody and Support in an Alabama Divorce

In divorce actions, the judge can determine custody and visitation for the couple’s minor children. These decisions are rooted in the judge’s understanding of the child’s interests, welfare, reasons for the divorce, and prior evidence of custody and care.

The parent’s financial stability also plays a role in a judge’s custody decision. Children might even discuss their own custody preferences with Alabama divorce lawyers if they choose to.

The parent without primary custody is termed the “non-custodial parent.” Depending on the specific case, this parent may have limited visitation rights. Both parents can collaborate with lawyers and the judge to outline visitation specifics.

Awarding Custody to Others

In Alabama, courts generally prefer granting child custody to a natural parent. However, in specific scenarios, custody can be awarded to other individuals like grandparents, aunts, uncles, or unrelated individuals. These decisions depend on the potential guardian’s capability to care for the child and the child’s overall well-being. In some cases, judges might also consult with the child when contemplating custody with a non-parental guardian

What to Expect After Filing and Serving a Divorce Complaint

After you’ve submitted your complaint and your partner has submitted an answer, the speed at which your divorce progresses is up to area courts. You can expect to attend Pendente Lite hearings to discuss the relief available to you throughout the preliminary and ongoing divorce proceedings.

These hearings allow you to discuss child support, spousal support, child custody, and the occupation of shared property. Once they’ve concluded, you can move into discovery. Discovery allows you to gather witness statements regarding your treatment throughout your marriage. You can also gather information regarding your assets from your spouse.

Alabama Code § 6-6-20 then requires you to undergo mandatory mediation with your partner. You can only forgo this mediation if you’ve provided evidence that you were the victim of spousal abuse.

Preparing for a Divorce Proceeding

Ideally, you and your partner will resolve all your concerns regarding your finances and property in mediation. But if you can’t, you and a skilled divorce attorney can progress to a final divorce trial. Throughout this process, you will work with an attorney to argue for the repossession of property or redistribution of custody rights.

You always have the option to appeal a decision that you don’t approve of after a trial concludes. However, The Alabama appellate court may deny your appeal request unless you can prove an error of law.

Preventing or Limiting the Fallout of a Divorce

Divorce proceedings can be exhausting for all parties involved. While there are some circumstances in which these proceedings can benefit you, there are steps you can take to mitigate the strain you’re under. When in doubt, make sure that you:

  1. Prioritize your confidence and personal interests
  2. Respect your children’s questions about your divorce and your ex-partner’s behavior
  3. Check in with your emotions and seek out professional care as needed
  4. Prepare to co-parent in a way that preserves your children’s mental health
  5. Avoid unhealthy rebounds
  6. Stay involved in your case’s legal proceedings
  7. Make plans for your life after your divorce

Lastly, always seek legal advice from qualified professionals. While your friends and loved ones have good intentions, misguided legal advice can prolong your divorce proceedings. Instead, consult with our office to understand the best paths to a smoother divorce.

The Benefits of Working With an Experienced Team

Experience has shown that family law issues are often emotionally charged, stemming from significant losses. In these circumstances, it becomes challenging for individuals to make logical decisions without being overwhelmed by emotion. This is why it’s vital to depend on a family law advocate who genuinely cares and fervently represents you during these trying times.

Our core values of trust and excellence, combined with our consistent record of exceeding expectations, distinguish us from the competition. Our mission is to assist families like yours in regaining stability, starting a new chapter post-loss, and achieving the prosperous future they rightfully deserve.

If you’re in search of the best divorce lawyers in Alabama, thorough research is key. Reach out to Divorce Lawyers who specialize in divorce within Jefferson and Shelby County to understand their operational methods, the formulation of your strategy, and the anticipated resolution of your case under their guidance. Contact us; we are eager to share what makes our approach unique.

Discuss Your Concerns With Our Team of Talladega Divorce Lawyers

Divorces are seldom straightforward or entirely fair. We are here to shield you from an unjust divorce. If you’re looking to discuss your forthcoming divorce with seasoned professionals, our team is ready to assist. Our divorce attorneys will be by your side from the beginning to the end of your case.

Explore your legal options during a case review with our staff at Charlotte Christian Law. Get in touch with us online or through a call or text at (256) 445-9206 to swiftly schedule a consultation, ensuring today is better than yesterday.

Frequently Asked Questions

Do I Have to Submit Evidence of Fault to File a Divorce?

Before presenting your case to an area circuit court, you must establish grounds for a divorce. These grounds can encompass:

  • Adultery
  • Pregnancy by another man
  • Spousal abandonment
  • Spousal imprisonment for at least two years with a sentence of at least seven years
  • Crimes against nature
  • Alcohol or drug addiction
  • Incompatibility of temperament
  • Irretrievable breakdown of marriage
  • Domestic abuse

Alternatively, you can opt for a no-fault divorce. No-fault divorces eliminate the need to present evidence of any wrongdoing.

Who Do I File a Divorce Claim With?

To initiate a divorce, you should submit a divorce claim to your local circuit court. Following that, you must serve the defendant with a summons within thirty days of your initial complaint filing.

While the manner in which your spouse responds to your summons is their prerogative, neglecting to serve your spouse with the required paperwork may invalidate your initial complaint.

If I’ve Been Served Divorce Papers, How Can I Respond?

Legally, you are obligated to respond to a divorce summons. This response, or answer, allows you to express agreement or disagreement with the assertions in your spouse’s complaint. Defendants are advised to consult a divorce attorney when formulating their answers, ensuring an effective legal defense against any contentions with the original claim.

A non-response to a summons isn’t favorable for the defendant. In such cases, Alabama permits the initiating spouse to seek an uncontested divorce, leaving property and custody decisions to the court’s discretion.

Will a Temporary Order Impact My Divorce Proceedings?

To safeguard one spouse from potential physical, financial, sexual, or emotional harm, a judge may issue temporary orders. These orders can grant child custody and visitation rights to one spouse.

Such temporary orders are effective until they’re renewed or replaced by a judge’s final ruling concerning the divorce.

Which Alabama Court Addresses My Divorce?

In Alabama, circuit courts are exclusively responsible for divorce cases. These courts also oversee all other family law matters. If you contest a divorce ruling, you have the option to escalate it to the Court of Civil Appeals. Beyond that, the Alabama Supreme Court may review your divorce case.

When Does My Divorce Go Into Effect?

For uncontested divorces, the final judgment becomes effective thirty days after the filing of your complaint and summons. In contrast, contested divorces might have a more extended resolution timeframe.

Founder & CEO, Charlotte Christian

Schedule a Consultation with a Talladega Family Law and Divorce Attorney

Navigating the challenges of a divorce doesn’t have to be an isolated journey. Our family law attorneys in Talladega, AL, are committed to guiding you through the legal intricacies.

Reach out to us via text or phone to book your consultation. Charlotte Christian Law remains by your side throughout your divorce and for any subsequent legal concerns.

2100 Southbridge Pkwy
Birmingham, AL 35209
Scroll to Top