Families are the framework of our lives. Beyond simply basic social units, families are what bind us together, inspire us and sometimes, sadly, drive us apart. These relationships are often deeply personal.
That’s why family law cases can evoke some of the most impassioned responses. Whether it is divorce or adoption, child custody or division of property, these cases affect people to the core.
Birmingham Family Law Attorney Steven Eversole at Eversole Law, LLC, understands the great need in these cases for compassionate AND knowledgeable guidance from an experienced legal team.
We recognize effectiveness is often about balance. Divorces don’t have to be filled with strife. Pre-marital agreements may require some tenacious negotiation. Child support agreements don’t have to involve bitter discord, but they do need to be fair.
Having that outside perspective – someone who knows the law, knows the parties, understands the process, and is working tirelessly throughout each phase to further your interests – is an imperative. It is true there is some paperwork you can file on your own and certain processes that don’t technically require a lawyer. But it’s generally ill-advised to go it alone when the stakes are so high. Even seemingly simple processes may have elements of complexity about which you may not be aware, and which could profoundly impact your future.
As stalwart defenders of our clients’ rights and best interests, we work first to negotiate amicable solutions whenever possible. Where it is not, we do not hesitate to aggressively pursue the best outcome for our clients. We offer objective insight into emotionally-charged situations and provide forthright, carefully-considered advice tailored to each individual case.
Areas of family on which our practice focuses:
- Divorce Mediation
- Marital Agreements
- Custody & Visitation
- Child Support & Alimony
- Post-Divorce Actions
- Asset Preservation
- Domestic Violence and Protection from Abuse
With decades of family law experience in Alabama, Attorney Steven Eversole knows well the specifics of state statutes and the effect these laws will have on your case.
We also understand well the ways in which family law in Alabama is ever-evolving. Not only is it constantly being molded by current case law, new combinations of family households are more common than ever, as we have seen an increase in divorce, remarriage, single parenthood, cohabitation, kinship care, adoption, foster care and same-sex relationships.
Filing for Divorce in Birmingham
This is probably the most common legal action affecting families. A divorce action will serve to legally separate and divide a family and its assets. However, that does not mean it must destroy important emotional bonds nor consume a family’s entire life savings. In fact, we are firm believers it should not.
Alabama allows people to base a divorce on specific grounds (fault) or to request a no-fault divorce, citing an irretrievable breakdown of the marriage. While many people simply file a no-fault divorce, there are situations in which citing fault could be beneficial, as the judge may consider that fault in equitably resolving common disputes, such as alimony, child custody, child support and division of property.
While each divorce case is different, there are generally two types of divorce: Contested and uncontested. A contested divorce means there are numerous areas of disagreement that have to be resolved through litigation. Uncontested divorces, meanwhile, mean both parties generally agree on most points, and any conflicts can probably be resolved through mediation or a collaborative divorce process.
Child Custody, Visitation and Support
There are few cases more emotionally exhausting than those pertaining to the well-being of children.
Courts will seek the best interest of the children in all of these proceedings, so it’s important for your attorney to frame any argument on these matters in those terms.
While some of these cases arise out of divorce, an increasing number do not involve a marriage.
Alabama follows strict guidelines for child support, but courts do have some degree of discretion when evidence is properly presented to warrant a deviation from those guidelines.
Child custody, visitation and support may only be modified when there is a material change in circumstances, so it’s important to negotiate the best terms at the outset.
Asset Preservation in Birmingham Divorce
When divorcing in Alabama, many couples are faced with the complex task of divvying up property, debts and assets.
Courts in this state strive for equitable distribution, but this does not mean the division will be a 50-50 split. Courts will want to work toward an arrangement that is most fair. In many cases, especially when couples have a lot at stake, this can mean bringing in an expert witness to testify on aspects like retirement accounts, tax implications, business valuations, individual earning power and other core issues. Courts will also need to determine which property is marital (subject to division) and which is separate (only for the benefit of a single party).
Our goal is to ensure you walk away with the best possible deal given the circumstances.
These areas of family law are just a few of those upon which we focus. If you have questions concerning your Alabama family law case, we can help.