Baxley Maniscalco Attorneys At Law
Going through a divorce is one of the most emotionally trying events you will face in your life. Our experienced divorce attorneys have the knowledge and expertise to guide you through it.
We know how to litigate cases involving significant assets and income, as well as protect your most important assets: your children.
We have a highly trained team of attorneys, paralegals, and legal assistants, and we provide personal, compassionate service to each of our clients.
We know our clients by name, and we are committed to solving the problems you face. Call us today to schedule a consultation, and one of our experienced divorce attorneys will get in touch.
We look forward to working with you to set a strategy for your case.
When Is a Divorce Necessary?
If a marriage cannot be annulled, the only way to terminate it is by death or divorce. There are several grounds for divorce, at least one of which must be alleged and proven. Among them are the "no-fault" grounds: incompatibility of temperament and irretrievable breakdown.
Need more information? Fill out our divorce questionnaire to have one of our attorneys personally review your situation.
Can My Spouse Prevent Me From Getting a Divorce?
No. However, you’ll want to be sure that you plead the grounds for divorce correctly if your spouse doesn’t want a divorce.
In Alabama, there are two different categories of grounds for divorce: “fault” and “no-fault” grounds. No fault grounds include “irretrievable breakdown of the marriage” and “irreconcilable differences” between the parties.
When one person wants a divorce, and the other does not, the court can grant a “no-fault” divorce on one or both of these grounds.
When Should I Allege “At Fault” Grounds for Divorce?
Fault grounds include adultery, cruelty, abandonment, and such behaviors as illegal drug use, physical abuse, or abuse of alcohol during the marriage.
The “at fault” grounds are used in a divorce to help demonstrate to the judge why the other party should receive a greater share of the marital property or custody and placement of the minor children in the divorce.
How Is Property Divided in an Alabama Divorce?
Any assets or liabilities held by the parties will be deemed "separate" property, which remains the property of the party in ownership, or "marital" property, which is subject to division. Generally, if one of the parties owned the property before the marriage, it will be deemed "separate," unless it was regularly used for the common benefit of the parties. If it was, it becomes marital property.
The court will divide marital property by "equitable distribution." Put simply, it must distribute the property according to what it deems to be fair. That does not mean that property must be distributed equally. The court will consider several factors in its decision, including any misconduct of the parties. The final distribution of property can be very lopsided.
How Will Custody Be Decided in an Alabama divorce?
Child custody is often the most hotly contested issue in a divorce.
For a brief summary of Alabama custody law, visit our Child Custody page.
Meet Our Judges
Family Court Judges in Calhoun and Cleburne County, ALabama
Calhoun and Cleburne County Alabama Divorce Attorneys
We feature a team of family law attorneys who fight for our client's interests and have experience working closely with the local family court community.
It's our job to aggressively advocate for our clients, and we take that job very seriously. We offer in-person and remote consultations with our attorneys and look forward to your call.