Frequently Asked Questions Regarding Divorce
Divorce Attorneys | Crumbley, Blackwell, Wisda & Associates, P.C.
The following list of questions regarding divorce were compiled by our compassionate divorce lawyers through decades of experience. These questions were asked by real clients, with real divorce cases in North Alabama. If you are facing divorce, it is very important that you have adequate representation from an experienced divorce lawyer. Contact our team of divorce attorneys today at (256) 539-4464 or compete an online case evaluation to schedule a case consultation.
If you are considering divorce, it is critical that you acquire trusted legal advice from a local divorce attorney. There are two common types of divorces, contested and uncontested. In an uncontested divorce, both spouses are in agreement on all issues including custody, division of property and debt, etc. In a contested divorce, both involved parties cannot agree on all issues. Whether contested or uncontested, a divorce lawyer can help you file the proper petition and begin building your case. If necessary, an involved party can request the immediate intervention of the court to establish "ground rules." These rules will outline child custody, child support, who lives in the house, who pays which bills, and other issues during the divorce process. Either party may also request a hearing with the Judge to temporarily resolve various issues until the divorce case has been settled. In the State of Alabama, dissolution of marriage will be granted if the court discovers "irreconcilable differences" that have pushed the marriage beyond repair. If one party wishes to divorce, this would would qualify as a marriage beyond repair.
Restraining and Protective Orders
After a petition for divorce has been filed, the court may issue temporary orders that regulate the behavior of spouses while the divorce is pending. A temporary restraining order may be issued by a court without a hearing. This order would be effective immediately and will remain in effect for a short period of time, typically no longer than 14 days unless extended by the court. Temporary restraining orders are used to protect and preserve property owned by spouses until a hearing can be set and held. These orders could prohibit one or both spouses from intentional communication with each other, threatening each other, harassing each other, causing injury to each other, causing injury or harm to involved children, removing or destroying property, and others.
A temporary injunction, which would stay in effect longer than a temporary restraining order, may be issued by a court after each spouse has been notified and a hearing has been held. This injunction imposes similar restrictions as the temporary restraining order, but can remain in effect throughout the legal divorce process. The court may also issue protective orders in situations involving family violence. Protective orders are intended to protect all involved parties from family violence. Family violence is classified as an act or threat by a member of a family against another member intended to to cause harm, or threaten harm. Individuals who violate protective orders are subject to arrest and often jail time. If you or a loved one are in need of a protection from abuse order, contact us today, we can help you.