An at-fault divorce allows the dissolution of a marriage due to the misconduct of one spouse. Alabama allows for at-fault divorces in only a certain set of circumstances. Domestic violence is one of the categories for which Alabama recognizes at-fault divorces. Individuals in the Birmingham area who are involved in a divorce that includes domestic violence frequently require the assistance of a skilled Birmingham divorce attorney. In addition to serving as the grounds for divorce in Alabama, domestic violence can also influences marital relationships and divorces in several different and substantial ways.
Alabama Divorce Law Regarding Domestic Violence
The state of Alabama allows at-fault divorce due to domestic violence when one spouse commits actual violence against the other spouse or when one spouse causes the other spouse to reasonably fear that violence will occur. To satisfy these requirements, spouses will likely have to demonstrate either direct or indirect evidence attesting to the fact that domestic violence occurred within the marriage.
Fleeing From An Abusive Spouse
Some individuals who have been the subject of domestic violence fear that by leaving the individual's spouse that a claim for desertion or abandonment will be created. While abandonment is recognized as a basis for divorce in the state of Alabama, abandonment must be long lasting and voluntary for year one year prior to divorce in order to satisfy an abandonment claim. Individuals who must flee a spouse due to safety reasons are not deserting and not surrendering property rights by leaving the relationship. Individuals who have experienced domestic violence at the hands of a spouse should also never feel ashamed or embarrassed when discussing these matters with an attorney.
How Domestic Violence Can Affect Child Custody
Domestic violence can have a substantial impact on determinations regarding child custody. Individuals who commit physical abuse in the presence of children are much less likely to gain custody of a couple's children. If the abuse is severe enough, a judge might even order that all visits with the abusive parent be supervised. The judge also might terminate the abusive parent's visitation rights altogether and award full custody to the other parent.
The Ways That An Experienced Birmingham Divorce Attorney Can Help
There are several ways that an experienced Birmingham divorce attorney can help clients who are involved in a divorce including domestic violence. A skilled divorce attorney can make sure that a protection order is in place while the divorce occurs, help to obtain a court order to move the abusive spouse out of the marital home, and secure custody rights to make sure any involved children are safe. So if you have been the subject of domestic violence, do not hesitate to contact an experienced Birmingham divorce attorney who can help make sure that you are safe and assist with any potential issues that might arise while the divorce process occurs. By discussing matters with a top Birmingham divorce attorney at Eversole Law LLC today, you can take the steps necessary to make sure that a divorce proceeds as smoothly as possible.