Divorce Attorney in Birmingham Al

Birmingham Divorce Lawyer

Going through the divorce process is a trying time, to say the least. It is never easy to end a marriage, no matter what the reason may be, and the trials and tribulations of the process can cause a tremendous amount of stress for everyone involved. Additionally, divorce can pose legal difficulties for you and your family if you are not fully aware of your rights under the law.


A divorce is a serious matter. That’s why you need a competent Birmingham divorce lawyer by your side every step of the way—to guide you through the legal challenges of divorce, give you professional advice, and be a source of support during a very trying time.


We believe that a Birmingham divorce attorney should have a certain set of traits to help you in your journey. A family lawyer working for you should be:

  • Compassionate
  • Considerate
  • Determined
  • Assertive


When your divorce lawyer encompasses these traits, you receive counsel that is determined to assert your rights during what could be a contentious process and protect you under the law as you move through divorce proceedings.


Without this guidance, you could experience additional difficulties and obstacles that could seriously impact your future. It’s not just your future at stake, either if there could be children in the mix who also need their rights protected.


How Can Divorce Lawyers Help?


At Vella and King, we take the responsibility of guiding a client through the legal process of ending their marriage with the utmost seriousness. Our primary goal as divorce attorneys in Alabama is to advocate for your interests and help you navigate the complexities of divorce proceedings.


We’ll provide you with the expert legal advice you need tailored to your specific situation, explaining your legal rights and responsibilities, as well as your spouse’s. Our job is to help you understand your options and all potential outcomes.


Divorce matters involve a lot of paperwork. There are petitions, financial disclosure forms, settlement agreements, etc. We’ll complete and file your documents accurately and within the required deadlines.


In the case that your divorce case requires going to court, we’ll provide legal assistance to represent you and your best interest in court proceedings, presenting arguments, introducing evidence, and advocating for your desired outcomes.


Retaining a competent and knowledgeable family law attorney is especially necessary in child custody cases. For our clients in the Birmingham area with children, it’s critical that child custody and child support arrangements are handled respectfully and firmly. As your divorce attorneys, we’ll work with you to develop custody and visitation schedules that are in the best interest of the children, in addition to determining child support payments based on applicable legal guidelines.


Additionally, in divorce cases where one spouse requires financial assistance from another after divorce, known as spousal support or alimony, an Alabama divorce attorney negotiates the terms or litigates the matter in court according to Alabama divorce law.


Dividing marital assets and debts in Mountain Brook and other cities in Alabama can be complex. As your divorce lawyers in Birmingham, we’ll identify and value assets, such as real estate, bank accounts, retirement accounts, and investments, working to ensure a fair division of property.


Types of Divorce


Sometimes people assume they only need a divorce attorney if there are children involved or they expect their spouse to put up a fight. However, regardless of if a divorce is amicable and mutual or contentious and a fight, it’s in the best interests of both parties to obtain their own divorce attorney.


Contested and Uncontested Divorce in Birmingham, AL


If there are one or multiple issues a divorcing couple cannot agree on regarding the divorce or the other spouse disagrees with the divorce itself, then you have what’s called a contested divorce. However, if you and your future ex-spouse agree on all issues, it is considered an uncontested divorce.


Reasons for contested divorces include disagreements about alimony, disagreements about child custody and child support, and disagreements on splitting marital assets and debts, among other factors. The time it takes to go through a contested divorce in Birimgham and other Alabama cities can greatly vary depending on the judge’s schedule, the number of cases before yours, and other considerations.


Uncontested divorces are simpler and less expensive but still emotional and difficult for divorcing couples.


Fault and No-Fault Divorce


During the process of legal separation, it must be determined if it is a fault or no-fault divorce. Alabama is a no-fault divorce state, meaning a divorcing spouse in Shelby County doesn’t have to prove their partner was at fault or the cause of the marriage breakdown. If this is the case, the grounds for divorce would either be one or more of the following:

  • Incompatible temperaments
  • Irretrievable breakdown of the marriage
  • Voluntary abandonment for 12+ months prior to filing for divorce


Like an uncontested divorce, a no-fault divorce is less expensive and less time-consuming than a fault-based divorce. However, there are times when it is clearly in the interest of one spouse to pursue a fault-based divorce. An experienced Birmingham, Alabama divorce attorney can help you determine the best way to file based on your situation.


Grounds for Divorce in Alabama


As we mentioned earlier, Alabama is a no-fault divorce state. However, if it is an at-fault divorce, Alabama recognizes the following reasons as grounds for divorce:

  • If either party was incapacitated at the time of matrimony
  • Adultery
  • Voluntary abandonment for one year prior to filing
  • Imprisonment for two years with a sentence of seven years or longer
  • Crime(s) against nature either before or after marriage
  • Drug or alcohol addiction after marriage
  • Declared mentally insane and confined to a mental hospital for five years or more
  • Pregnancy at the time of marriage without the husband’s knowledge
  • Domestic violence or apprehension of violence
  • Separate living without support for two years or more in the state of Alabama


Our Birmingham divorce lawyers will dutifully listen to your side of the story and take your wants and needs into consideration to establish the best path forward in your family law case.


How is property divided in a divorce?

When filing for divorce in Shelby County or any other Alabama county after being legally married, outside of a prenup, property is divided according to “equitable distribution.” This means property is divided in a fair and just manner according to the circumstances of each individual and the specifics of the case, not simply down the middle.


The court will look at marital property vs. separate property. Marital property could include income, real estate, vehicles, savings, and other belongings obtained during the marriage. Separate property may include assets acquired prior to marriage, such as inheritances, gifts, and anything specifically designated as separate in a prenuptial agreement.


Factors considered when determining how to divide marital property in a Birmingham divorce include marriage duration, age, health, and earning capacity of each spouse, financial and non-financial contributions by each spouse, future prospects (like earning potential) of each spouse, and any other factor the court may find relevant to achieving equitable distribution.


The court may enlist the help of valuations in family law cases involving complex assets to ensure their worth is accurately represented for equitable distribution.

How long does a divorce take in Alabama?

The duration of a divorce process in Jefferson County and other counties in Alabama varies widely depending on several factors, including the complexity of the case, whether any contested issues need to be resolved, and if spouses are able to cooperate with each other. An uncontested divorce is generally going to be a shorter process than a contested divorce that involves disagreements over issues like child custody, property division, alimony, and others.


A Birmingham divorce attorney who’s well-versed in Alabama family law matters can make all the difference in what kind of experience you have throughout the divorce process—negative and stressful or smooth and effective.

How much does a divorce cost in Alabama?

As with the question of time, the cost can also vary widely depending on case complexity, whether or not it’s contentious, attorney fees, court filing fees, and other associated expenses. One of the best ways to ensure your divorce cost stays minimal is to hire an experienced Birmingham divorce attorney who takes each step efficiently and correctly.

When is divorce court required?

Court is required when spouses are unable to reach an agreement on key issues involving their divorce like child custody, property division, and alimony, if one spouse refuses to participate, if domestic violence or abuse is involved, and if there are disputes over marital assets and complex financial situations, just to name a few.

Vella and King—Your Birmingham, Alabama Divorce Lawyers


Learn more about hiring a competent and compassionate Birmingham divorce lawyer from our family law firm—a family law attorney who can provide you with the guidance and support you need during a trying time. Consult with us about your case and see how our professional approach gives you the consideration and compassion you deserve during your proceedings. 


Divorce can be challenging, sometimes even a fight. You do not have to go through it alone. Let our Birmingham, AL, family law attorneys help you every step of the way, providing the utmost care and knowledgeable guidance in legal service so you can move forward with your life with confidence. Contact us to schedule a free consultation and a divorce lawyer today. Call Vella & King at 205-868-1555 and let us help you feel at home even if your home feels like it is breaking.

Schedule a free consultation today!