Divorce

Prattville Divorce Attorneys

Guiding Couples Toward Happier Futures Since 1956

Ending a marriage can be both painful and liberating. At McDowell Faulk & Shirley, we understand the fear, uncertainty, relief, hope, and grief that many couples experience during a divorce. Our firm is committed to providing the fresh start you deserve by guiding you through the legal process with compassion and precision.

Since 1956, our lawyers have built a reputation for excellence and results in family court. Our divorce attorneys bring over six decades of experience to every case and have a proven track record of success in and out of the courtroom. When you partner with us, you can expect dedicated representation tailored to your unique needs. We never shy away from litigation if necessary to safeguard your rights and future.

If you’re preparing for a divorce in Prattville, our attorneys can guide your steps with care and clarity. Call (334) 380-4252 to schedule a consultation.

What Are the Grounds for Divorce in Alabama?

Alabama recognizes both no-fault and fault-based grounds for divorce. Either spouse can file for a no-fault divorce without having to prove misconduct or wrongdoing.

There are two primary grounds for no-fault divorces: an irretrievable breakdown of the marriage (the relationship cannot be repaired) and incompatibility of temperaments (you and your spouse can no longer get along).

Additionally, fault-based grounds include adultery, abandonment, cruelty or violence, habitual drunkenness or addiction, imprisonment, insanity, pregnancy at the time of marriage, and crimes against nature.

Our lawyers can evaluate the specifics of your case, help you understand your legal options, and determine which path to divorce is most appropriate for your unique circumstances.

Who Is Eligible to File for Divorce?

To file for divorce in Alabama, at least one spouse must have been a resident of the state for a minimum of six months prior to filing. If both parties are state residents, either spouse can file at any time.

How Is Property Divided in an Alabama Divorce?

Alabama follows an equitable distribution rule, meaning family courts aim to divide marital property fairly in a divorce. However, fair does not necessarily mean equal. The court may consider various factors to facilitate an equitable distribution, such as the length of the marriage, the value of marital property, and each spouse’s income, contributions, and future earning capacity.

Marital property includes all assets and debts acquired during the marriage. Separate property, such as assets owned before marriage or received as a gift or inheritance, usually remains with the original owner and is not subject to division. Courts have broad discretion when dividing property, so outcomes can vary from case to case.

Having an experienced divorce attorney on your side is paramount to pursuing a division that supports your long-term financial needs. Our lawyers are well versed in the legal nuances of equitable division laws to help you identify and value marital assets, protect separate property, and work diligently to protect your financial future.

Does Alabama Have a Waiting Period for Divorce?

Yes. State law imposes a mandatory 30-day waiting period before a divorce can be finalized. This time period starts from the date of filing. We can help you organize and submit filings, track critical deadlines, and complete paperwork correctly and on time to streamline the proceedings when possible.

What Is the Difference Between Contested & Uncontested Divorces?

A contested divorce is a traditional resolution that occurs when couples cannot reach a mutual agreement and require court intervention. Uncontested divorces are only available when couples agree on every issue related to their divorce, including complex issues like child custody and support, alimony, and property division.

While uncontested divorces are generally faster, more affordable, and less stressful due to minimal time in the courtroom, they are not recommended for couples with a history of abuse, power imbalance, or substantial assets. In these cases, a contested divorce may be necessary to negotiate fairly. Our attorneys can guide you toward the best path to divorce and protect your rights at every stage of the process.

How Is Alimony Calculated in a Divorce?

There is no strict formula for calculating alimony or spousal support in a divorce. Instead, judges have discretion to determine the need for spousal support, as well as its duration and amount. The court’s goal is to balance one spouse’s financial need with the other spouse’s ability to pay.

Some key factors include:

The length of the marriage.
Each spouse’s age and health.
The standard of living established during the marriage.
Each spouse’s income, earning capacity, and education.
Any marital misconduct that affected finances, such as adultery.
Contributions to the marriage, including domestic duties like child-rearing and homemaking.

At McDowell Faulk & Shirley, we can advocate for fair support based on your financial circumstances.

Do I Need a Divorce Lawyer?

A divorce involves complex financial, legal, and personal decisions that can have long-lasting consequences, making it crucial to have a trusted divorce lawyer on your side. Some important reasons to work with our knowledgeable attorneys include:

Navigating the legal process. We provide personalized guidance to help you navigate the proceedings efficiently and avoid procedural errors that may delay or jeopardize your case.
Negotiating a fair settlement. We can negotiate effectively on your behalf to pursue the best possible outcome in matters involving alimony, property division, and child-related issues.
Protecting your financial interests. Our firm works to identify and value marital assets, safeguard separate property, and address tax implications that may affect your financial future.
Representing you in court. If litigation becomes necessary, our attorneys are prepared to present a clear, compelling case to protect your rights and interests.

Navigating the divorce process can be daunting, but you don’t have to face it alone. Contact us online to discuss your case.

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Professional and Friendly
“"I found McDowell, Faulk & Shirley LLC to be a very professional, but friendly and responsive (I worked with Mr Shirley). From the first phone call I made to them to address my case to the final meeting to wrap things up they were great people to work with. I will use them for my future needs and highly recommend them."”

- Grady O
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“Thank you so much Mr. Shirley. I will forever be grateful!”

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