Birmingham Divorce Lawyer for Women

At Alabama Divorce & Family Lawyers, LLC, we have noticed that divorce advice for women often lacks a broad range of experiences and points of view. It is all too easy for law firms to focus on stereotypical situations. We know that in this day-and-age, a woman’s situation is much more varied. There are stay-at-home moms and dads. Many spouses bring home similar incomes. Many women are the breadwinners of their families.

Attorneys in women’s divorces need to focus less on stereotypes and more on real circumstances. At Alabama Divorce & Family Lawyers, LLC, our divorce lawyers for women get to know you and your family. We learn about your current situation and how you got there. A Birmingham, AL divorce lawyer talk with you regarding your hopes for your future. You become part of our extended family.  We pride ourselves as not simply being lawyers, but we are a service company that just happens to practice divorce law.

The days of giving the same legal advice to all women as if they led the same lives are over. Our attorneys know that each marriage and divorce is unique, and we will fight for the best possible outcome in your divorce based on your circumstances, needs, and goals. To discuss how we can help you during the divorce process, do not hesitate to call us at (205) 255-1155 or contact us online.

Alimony for Women After a Divorce in Alabama

At Alabama Divorce & Family Lawyers, LLC, our divorce attorneys for women often encounter a dangerous stereotype: that a majority of women obtain alimony during or after a divorce. A court typically grants alimony if it finds that you lack a separate estate sufficient enough to maintain the economic status quo that existed during the marriage. It also considers marital misconduct, such as if your spouse committed adultery, and whether your spouse has the means to pay alimony without undue economic hardship.

You may ask the court for alimony, but it is never guaranteed. An Alabama court may grant you alimony during the divorce, known as interim alimony, or for a period after the divorce is final, which is called rehabilitation or periodic alimony. The judge has a great deal of discretion in determining when alimony payments are appropriate. They will take into account:

  • The length of your marriage;
  • Each spouse’s individual assets;
  • The marital property each party will receive;
  • Each spouse’s liabilities after the distribution of marital property;
  • Each spouse’s wage-earning capacity, taking into account each person’s age, health, education, and work experience;
  • Any benefits that will help a spouse obtain and maintain gainful employment;
  • Whether a spouse has primary physical custody of a child of the marriage whose condition or circumstance make it appropriate for that spouse to not be required to seek employment outside the home; and
  • Any other factor the court deems equitable under the circumstances.

Also, you have the right to negotiate spousal support. Your spouse, if they have been the breadwinner for a significant period of time, may agree to pay you alimony. You may negotiate the amount and duration without judicial involvement. Our Alabama alimony lawyers are here to help you understand your rights.

Women May Be Required to Pay Alimony During or After a Divorce

When it comes to spousal support, the focus is not on gender. The focus is on each party’s economic means during the marriage and after the divorce. Alimony is granted to ensure an equitable result of the divorce and to not leave one person facing unnecessary economic distress.

If you are involved in a divorce in which you have the larger income and separate estate, or your spouse has been a stay-at-home parent, then your spouse may ask for you to pay alimony. Whether the individual requesting alimony is your husband or wife, a court will consider the same factors.

When you are concerned with having to pay alimony during or after a divorce, it is best to speak with a divorce attorney for women. Our family law attorneys at Alabama Divorce & Family Lawyers, LLC are highly experienced in alimony claims, whether you wish to pursue alimony, fight a request for alimony, or negotiate a fair alimony settlement. If you have questions you’d like answered before you speak with a lawyer, call or e-mail us immediately.

Facing Divorce as a Stay-at-Home Mother

As a wife and mother today, you have more options than your grandmothers. It is common for a woman to return to work after having children. Families rely on a family member and day care providers, and some fathers choose to stay home with the kids. Many women also use this freedom and choose to decide to be a stay-at-home parent. You may feel your most important task is to be a hands-on mom. Or, you and your spouse may have found it made the most financial sense for you to stay home instead of paying large sums of money to child care.

When you are facing a divorce, it may be after years of being out of the workforce. This drastically influences the outcome you need from your divorce. You may need time to gain additional education and training before you can go back to work, or it may take months to find a job. Healthcare is often a significant consideration as well. The challenges you face in returning to work are factors to be considered for an alimony determination during and after a divorce in Alabama. You deserve financial support while you make drastic lifestyle changes necessitated by the divorce.

Also, your contributions to the household are valuable. You contributed significantly to the marriage by staying home and meal planning, cooking, cleaning, caring for your children, paying the bills, planning vacations, participating in the community, and more. You did all of that work so that your spouse did not have to, or so you two did not have to pay a third party. By hiring a divorce lawyer for women, you ensure the value of your contribution is properly considered when negotiating or asking the court to divide the marital estate.

Divorcing Women and Mothers Are Not Guaranteed Child Custody

Another common stereotype we hear at Alabama Divorce & Family Lawyers, LLC is that mothers are more likely to obtain full custody of their children. A few decades ago this may have been true. However, Alabama’s current divorce laws do not favor women. The standard for determining child custody and visitation is the best interest of the children. The judge will not focus on the fact you are the children’s mother. The judge will consider many factors in deciding the healthiest, safest, and happiest situation for your children.

There is a presumption that joint custody is in the best interests of the children unless specific factors show otherwise. Under Ala. Code 30-3-150, it is the state’s policy to assure that minors have frequent and continuing contact with both of their parents and to encourage parents to share in their rights and responsibilities in raising the kids.

This presumption does not automatically lead to joint physical custody, although it can. It may also lead to your spouse obtaining a greater amount of physical custody than you. If you are a mother and you wish to obtain full physical custody of your children, it is best to work with an experienced Birmingham divorce lawyer for women.

If you become your child’s custodial parent, then you may receive child support. If your spouse becomes the parent with the most physical custody, you may be required to pay support. In either situation, it may be best to work with an experienced attorney to fight for a fair child custody, visitation, and child support agreement. Our women’s divorce lawyers will work with you to develop a comprehensive plan to protect your rights during a divorce proceeding in Birmingham, Alabama.

Let Our Alabama Divorce Lawyers for Women Help You

If you are a woman interested in pursuing divorce, or your spouse has filed for divorce, it is never harmful to speak with an attorney experienced in representing women during family law matters. Our attorneys at Alabama Divorce & Family Lawyers, LLC have worked with hundreds of women in Birmingham and throughout Alabama pertaining to divorce, alimony, child custody, and child support. We understand the importance of not relying on stereotypes or forcing your situation into a particular box. We are interested in hearing about you, your circumstances, and your desired outcome. Contact the lawyers at our offices statewide to formulate a comprehensive divorce plan of action during your initial consult.

If you are not ready to call our Birmingham family lawyers at (205) 255-1155 and schedule a consultation.

Types of Divorce Cases We Handle

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