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At the Law Offices of Albert J. Osorio we understand that divorce and child custody matters are some of the most stressful issues you will ever face. We will help guide you through the process and decisions that must be made to protect your rights and achieve resolutions you and your children deserve in the most professional manner.
Oftentimes couples will want to separate while forgoing a formal divorce. When a separation is processed, both parties may need to understand their legal rights regarding child custody, visitation, and child support. The process to file a separation is very similar to a no-fault divorce in Alabama, but there is need to formalize the separation and to specify your intentions. Many of the provisions set forth in a legal separation are temporary and will need to be finalized if the parties decide to pursue a formal divorce later.
Considerably the simplest and most cost-effective form of divorce in Alabama, an uncontested divorce establishes that both parties agree on the large issues involved such as children and assets. In many situations, only one divorce attorney is required to prepare the documents and the other party essentially consents to the settlement agreement filed with the appropriate court. According to Alabama law, the presiding judge must wait at least thirty days after the divorce is filed before it can legally be finalized.
When a married couple cannot agree on the terms of a divorce, such as debt and asset distribution, alimony, and child custody, legal representation is critical to resolve the matter between both parties. This does not automatically mean that the divorce will go to trial, but there will likely be numerous hearings, a discovery process, and the preparation of witnesses and evidence. This type of divorce will ultimately end with a judge making a final decision if a settlement cannot be reached. A contested divorce can become complicated quickly without the experience of a lawyer.
An annulment, in the briefest terms, undoes a marriage by declaring that it was never legal. All marriages are presumed to be valid in Alabama, so the burden is on the party who files the annulment. Grounds for an annulment include bigamy, incest, duress, underage marriage, and in some instances, fraud.
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