Montgomery Divorce Law

Divorce laws protect the rights of individuals, parents, and children involved in the termination of marriage. Anyone undergoing a divorce should have the support of a solid, reputable attorney during such a difficult time in his or her life.

If you reside in the state of Alabama, especially in the Montgomery area, and have questions about the divorce laws specific to that jurisdiction, do not delay. Contact the attorneys at Steinwinder & Ratliff, LLC. We understand divorce law and can provide you with the experienced legal advice and representation you need.

Grounds for divorce

The first question that any attorney familiar with divorce law will ask a potential client is what they consider their grounds for divorce.

Montgomery divorce lawyers must first help clients determine if their case if no-fault or fault based.  In a no-fault divorce, neither party needs to prove wrongdoing on the part of the other. No-fault divorce laws in Alabama let a family court act on a petition by either spouse to end the marriage. These laws also severely limit the legal defenses available to the responding spouse.

Fault-based grounds for divorce place a burden of proof on the filing spouse. Proving fault can have a serious impact on issues related to the divorce like custody, alimony, and division of property.

Once you answer the question of fault, Alabama recognizes several grounds for terminating a marriage.

No-fault grounds

• Incompatibility
• Irretrievable breakdown of the marriage
• Voluntary abandonment for one year

Fault-based grounds

• Incapacitated from entering into the marriage state
• Adultery
• Imprisonment
• Habitual drunkenness or drug use
• Insanity for five successive years
• If the wife was pregnant at the time of marriage, without the knowledge or agency of the husband
• Domestic abuse

Contested and uncontested divorce

Another detail that Montgomery divorce lawyers must often explain to clients is the question of contested versus uncontested divorce.

• In a contested divorce, spouses cannot agree on at least one issue that relates to the termination of their marriage. The courts must decide these unresolved issues. Contested divorces are extremely common, given the number of issues that divorcing couples must work out
• An uncontested divorce, on the other hand, involves partners who agree on every last item and issue related to their divorce. Such a divorce may not be amicable, but no issues remain for the courts to resolve

We understand divorce law

Steinwinder & Ratliff, LLC offers a one-hour consultation, in person or via telephone, to its potential clients based upon the hourly rate of our Montgomery divorce attorneys. If you are interested in scheduling a consultation, contact our office directly at (334) 262-2844, or contact us online.