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Q & A
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Feel free to email us any questions or issues that you'd like to
see addressed!
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Frequently Asked Questions About Divorce
Q: What is a legal divorce?
A: A divorce is a method of terminating a marriage contract between two individuals.
From a legal standpoint, your divorce will give each person the legal right to marry someone else, it will legally divide
the couple's assets and debts, and determine the care and custody of their children.
Q: What is a fault-based divorce?
A: A "fault" divorce is one in which one party blames the other for the failure of the marriage by
citing a legal wrong. Grounds for fault can include adultery, physical or mental cruelty, desertion, alcohol or drug abuse,
insanity, impotence or infecting the other spouse with a venereal disease.
Q: What is an uncontested divorce?
A:
An uncontested divorce simply means that both sides agree to the divorce. In most situations, one attorney can be used
in this matter. Although a lot of paperwork is involved and handled by the attorney, this type of divorce is one of
the easiest ways for the parties involved to obtain a divorce.
Q.:
How do you begin the divorce process?
A.: A divorce is initiated by filing a Complaint for Divorce.
There are two types of divorce, a fault based or a no fault based divorce depending on your particular situation. In
a contested divorce, the defendant spouse is "served" with the complaint. In an uncontested divorce, the complaint
is held and the defendant spouse is asked to come to the attorney's office to sign all of the necessary documents including
an Answer/Waiver as well as many other documents that are necessary in the uncontested divorce.
Q.: What
happens if my spouse won't agree to sign the papers?
A.: This is what we call a contested divorce.
A contested divorce sometimes results in going to trial to resolve the issues of the divorce; however, this does not always
have to be the case. There are many avenues that can be taken to resolve your divorce with less emotional and financial
stress that is involved when taking your divorce to trial. The goal of a negotiated settlement is to come to an agreement
as to all issues related to the divorce without resorting to the court. To aid in this process, each side is allowed
to make discovery requests that include Interrogatories, Requests for Production, Requests for Admission, and Depositions.
A negotiation may also be reached by mediation with the defendant spouse and his or her attorney.
Q.:
What happens if no negotiation is reached?
A.: If the negotiation process fails to render an agreement, the
parties will go to trial to resolve this issues. The trial will be conducted by a Judge and evidence will be presented
in the form of testimony from the parties and witnesses as well as from documents and any other forms of admissible evidence.
If you are contemplating divorce and are not sure what your legal rights are, please
contact THE ROSE LAW FIRM, LLC at (205) 323-1124 and ask for your free initial consultation with Jennifer
Rose, Attorney at Law.
14 sep 07 @ 12:15 pm
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2007.09.01
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The Rose Law Firm, LLC
205 North 20th Street
Suite 719
Birmingham, AL 35203
Office: (205) 323-1124
Fax: (205) 323-1126
Email: Jennifer@theroselawfirmllc.com
We
Accept Cash, Checks, Visa and Mastercard.
The Birmingham Alabama Attorney at the office of The Rose Law Firm,
LLC provides quality legal counsel in Alabama divorce and family law, Alabama adoptions, Alabama Child custody, Alabama guardianship,
Alabama wills, Alabama estate planning, Alabama personal injury, Alabama auto accidents, and Birmingham Alabama criminal
defense. We represent clients in Birmingham and Jefferson county along with it's surrounding areas including
Shelby County, Chilton County, Pelham, Columbiana, Alabaster, Helena, Montevallo, Mountain View,Calera, Chelsea, Harpersville,
Forstdale, Fultondale, Vincent, Hoover, Inverness, Indian Springs, Clanton, Jemison, Pell City, Leeds, Moody, Trussville,
Vestavia Hills, Gardendale, Bessemer, and Adamsville.
The following language is required pursuant to Rule 7.2, Alabama
Rules of Professional Conduct. No representation is made that the quality of legal services to be performed is greater than
the quality of legal services performed by other lawyers. This web site is designed for general information only. The information
presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Copyright 2007 Jennifer Rose, Attorney at Law |
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