Q & A
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Frequently Asked Questions About Divorce
Q: What is a legal divorce?
A: A divorce is a method of terminating a marriage contract between two individuals.
From a legal standpoint, your divorce will give each person the legal right to marry someone else, it will legally divide
the couple's assets and debts, and determine the care and custody of their children.
Q: What is a fault-based divorce?
A: A "fault" divorce is one in which one party blames the other for the failure of the marriage by
citing a legal wrong. Grounds for fault can include adultery, physical or mental cruelty, desertion, alcohol or drug abuse,
insanity, impotence or infecting the other spouse with a venereal disease.
Q: What is an uncontested divorce?
An uncontested divorce simply means that both sides agree to the divorce. In most situations, one attorney can be used
in this matter although the attorney can only represent one party. Although a lot of paperwork is involved and handled
by the attorney, this type of divorce is one of the easiest avenues for the parties involved to obtain a divorce
as their is less emotional stress involved. With this avenue, all paperwork is prepared at once and submitted to the
Court by us as your attorney. There is no trial involved as all issues are resolved prior to the paperwork being submitted.
Q.: How do you begin the divorce process?
A.: A divorce is
initiated by filing a Complaint for Divorce. There are two types of divorce, a fault based or a no fault based divorce
depending on your particular situation. In a contested divorce, the defendant spouse is "served" with the
complaint. In an uncontested divorce, the complaint is held and the defendant spouse is asked to come to the attorney's
office to sign all of the necessary documents including an Answer/Waiver as well as many other documents that are necessary
in the uncontested divorce.
Q.: What happens if my spouse won't agree to sign the papers?
This is what we call a contested divorce. A contested divorce sometimes results in going to trial to resolve the issues
of the divorce; however, this does not always have to be the case. There are many avenues that can be taken to resolve
your divorce with less emotional and financial stress that is involved when taking your divorce to trial. The goal of
a negotiated settlement is to come to an agreement as to all issues related to the divorce without resorting to the court.
To aid in this process, each side is allowed to make discovery requests that include Interrogatories, Requests for Production,
Requests for Admission, and Depositions. A negotiation may also be reached by mediation with the defendant spouse and
his or her attorney.
Q.: What happens if no negotiation is reached?
A.: If the negotiation process fails
to render an agreement, the parties will go to trial to resolve this issues. The trial will be conducted by a Judge
and evidence will be presented in the form of testimony from the parties and witnesses as well as from documents and any other
forms of admissible evidence.
If you are contemplating
divorce and are not sure what your legal rights are, contact us at (205) 323-1124 and ask for your free initial consultation
with Jennifer Rose, Attorney at Law.
The Rose Law Firm, LLC
811 20th Street South
Birmingham, AL 35205
Office: (205) 323-1124
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The Birmingham Alabama Divorce Attorneys at the office of The Rose
Law Firm, LLC provides quality legal counsel in Alabama divorce and family law, Alabama adoptions, Alabama Child custody,
Alabama guardianship, Alabama wills, Alabama estate planning, Alabama child support, Alabama paternity, and Birmingham
Alabama divorce modifications. We represent clients in Birmingham and Jefferson county along with it's surrounding
areas including Shelby County, Chilton County, Pelham, Columbiana, Alabaster, Helena, Montevallo, Mountain View,Calera,
Chelsea, Harpersville, Forstdale, Fultondale, Vincent, Hoover, Inverness, Indian Springs, Clanton, Jemison, Pell City, Leeds,
Moody, Trussville, Vestavia Hills, Gardendale, Bessemer, and Adamsville.
The following language is required pursuant to Rule 7.2, Alabama Rules
of Professional Conduct. No representation is made that the quality of legal services to be performed is greater than the
quality of legal services performed by other lawyers. This web site is designed for general information only. The information
presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Copyright 2007 Jennifer Rose, Attorney at Law