8 Commerce Street, Suite 410, Montgomery, AL 36104
The Law Offices of Zackery L. Burr
Call for a free consultation 334.245.0725
The Law Offices of Zackery L. Burr
Values You Can Trust

Practical and professional legal services for River Region families

Montgomery, Alabama Divorce Lawyer Guides You through the Legal Process

Advice and advocacy for your divorce

Under Alabama law, marriage is “a sacred covenant, solemnized between a man and woman.” The Law Offices of Zackery L. Burr agrees with the State of Alabama’s definition of marriage, but we understand that there may be unfortunate circumstances within your marriage that make divorce the best possible solution. We do not consider ourselves marriage counselors, but we are concerned for your well-being and how a divorce will affect you. Our Montgomery divorce lawyer views the representation of a client in a divorce proceeding as an opportunity to help someone in their greatest time of need. We will provide you with an honest assessment of your case and assist you throughout the divorce process. Divorce can be confusing and difficult, but with our help, you will not have the burden of making tough decisions alone. When you choose to become our client, you will leave our office relieved that your divorce proceeding is in a lawyer's skilled hands.

How to file for divorce in Montgomery, Alabama

Electing to file for divorce is always a difficult decision, but the divorce process itself in Alabama is straightforward. The document that states your desire to end the marriage is called the complaint, and it is typically filed by a laweyer in the circuit court of the county in which the non-filing party (the defendant) resides, or in the circuit court of the county in which the parties resided when the separation occurred. The defendant has 30 days to file an answer upon receiving service of the divorce complaint. The court then schedules a series of hearings to determine what is at issue between the couple.

Divorces can be either uncontested or contested. An uncontested divorce is usually less costly and occurs when couples agree on the division of assets and a child custody scheme. A contested divorce occurs when one of the spouses does not wish to have a divorce or when the parties cannot agree on a distribution of the assets or custody and visitation of children. Contested divorces can lead to volatile, highly charged situations, but our talented Montgomery divorce lawyer is here to reduce any unnecessary drama while standing up for your rights.

How to qualify for alimony in Alabama

Alimony, which derives from the Latin word alimonia, meaning sustenance, is based historically on the common law right of the wife to be supported by her husband even after a divorce, unless she forfeits it by misconduct. But today, either a husband or wife may be entitled to alimony if the court determines he or she needs post-divorce support and the other party is able to pay. There are two types of alimony: temporary and permanent. The court may award temporary alimony while the divorce process is ongoing, and permanent alimony may be awarded by the court when the divorce is finalized. Permanent alimony can be a fixed total amount that cannot be changed (in gross) or can be an amount that is payable on a regular basis without a fixed total and which can be modified under some circumstances (periodic).

The award and amount of alimony are left to the discretion of the court. Factors that courts consider include:

  • The length of the marriage
  • The age of both parties
  • The education and income of both parties
  • The standard of living during the marriage
  • The earning potential of both parties
  • Misconduct by one or both parties
  • The health of both parties
  • Future prospects

Inheritance and property acquired before the marriage are exempt from periodic alimony unless both parties used them regularly during the marriage. Retirement benefits may be subject to alimony payments. Alabama law requires courts to terminate alimony upon petition when the receiving party remarries or cohabitates with a person of the opposite sex.

Contact our Montgomery divorce laywer for a free initial consultation regarding divorce in the Montgomery, AL tri-county area

The Law Offices of Zackery L. Burr is founded on the principles of sound legal judgment, integrity and faith. If you need help with a divorce, call us at 334.245.0725 or contact us online to schedule a free initial consultation at our downtown Montgomery, Alabama office. We accept all major credit cards, as well as checks and cash.