Birmingham Mens Divorce Lawyer

Divorce advice for men often focuses on the financial aspects of ending your marriage. We see many men’s divorce articles focused on vindictive ex-wives out to take you for all you are worth. While we recognize contentious divorces like this exist, we also refuse to fall into the trap of relying on stereotypes. As a man facing divorce, you need an experienced men’s divorce lawyer ready to get to know you, your family, and your circumstances. We want to know where you are coming from and where you want to go to ensure that you and your children are positioned for a better future. Our Birmingham divorce lawyers have successfully represented hundreds of men during Birmingham divorce cases and successfully obtained child-custody for many men going through an Alabama Divorce and Child Custody Matter.

To discuss men’s rights in divorce and how our Birmingham family lawyers can help, call Alabama Divorce & Family Lawyers, LLC at (205) 255-1155 or contact us online.

Remaining a Committed Father During and After a Divorce

As divorce lawyers for dads, we have worked with countless husbands and fathers who are concerned with their ability to remain close with their children during and after divorce. Many fathers choose, or are asked, to move out of the family home during a divorce. This automatically creates a barrier that you have to overcome when you do not see your children every day. To overcome this barrier, we recommend contacting an attorney to discuss fathers’ rights prior to the filing of a divorce, or as soon as possible after a divorce is filed if a father is concerned at all about maintaining his relationship with his children.

As your children’s legal father, whether you are a biological or adoptive father, you have the right to maintain consistent communication with your children. You have every right to fully participate in rearing them, helping choose their church, the child’s extracurricular activities, where they go to school, and so on.   A divorce from your children’s other parent does not change that. At Alabama Divorce & Family Lawyers, LLC, we will advise you on entering into a separation agreement with your spouse at a minimum. This separation agreement can address child custody and child support. We will fight to ensure you can speak with your children every day and see them consistently. Once a divorce is filed in Alabama, you can have temporary child-custody awarded during the divorce, and then permanently after a divorce is final.

As a dad, you may worry that the court will favor the children’s mother in regard to custody. However, Alabama does not give any specific gender a preference in regard to child custody. Under Ala. Code 30-3-150, Alabama’s state policy is to assure minors have frequent and continuing contact with both parents and to encourage parents to equally share in their rights and responsibilities in regard to their children. The state also has a presumption that joint custody is in children’s best interests. This does not inherently mean joint physical custody, though it does create a basis for granting father’s joint custody unless there is a specific reason not to.  Alabama has also repeatedly tried to pass laws in the State Legislature that would require joint-custody of children following a divorce unless a parent was unfit for joint-custody.

If you wish to obtain joint or full custody of your children, contact our divorce lawyers for men as soon as possible. We regularly represent fathers during the divorce process and custody battles. We will fight for you to obtain a custody arrangement that is the best situation for you and your children.

Addressing Paternity During a Divorce

As an experienced Birmingham men’s law firm, we are often asked to address paternity issues during a divorce. There may be a child you deny being the father of and do not wish to be responsible for. You may believe your wife’s current pregnancy, or a young child, is the result of an affair. It may also be vital for you to establish your fatherhood during a divorce to ensure you have a right to custody of your children.

Whether you need to establish or fight allegations of paternity during a divorce, we are here to help. We can represent you during the divorce process and arrange for genetic testing. If your parentage is established based on DNA, then we can work with you to appropriately address child custody and child support.

Alimony Issues for Men

Divorce for men and women is often as financially stressful as it is emotionally challenging. Many men fear that their spouse will automatically ask for and receive alimony during a divorce, which could hurt their finances post-divorce. However, alimony is never automatic. Your spouse may request alimony, and the court will review numerous factors before deciding whether interim alimony during the divorce proceedings or rehabilitative alimony for a period of time after the divorce is appropriate. Those factors include:

  • The length of the marriage;
  • Each person’s individual assets;
  • The marital property each person will receive;
  • Each person’s liabilities after the distribution of marital property;
  • Each person’s wage-earning capacity, considering age, health, education, and work experience;
  • Any benefits that will help a person obtain and maintain gainful employment;
  • Whether a person has primary physical custody of a child of the marriage whose condition or circumstance make it appropriate for that person to not be required to seek employment outside the home; and
  • Other factors the court believes are equitable under the circumstances.

When deciding on alimony, the court will look at the economic status quo enjoyed during the marriage and whether you and your spouse can each maintain that status quo after the divorce. If your spouse has a lesser income and personal estate so they cannot maintain the same lifestyle, and you have the means to help them maintain the lifestyle enjoyed during the marriage, you may be required to pay alimony. You will not be required to pay alimony if it would create undue financial hardship.

When you are concerned about your spouse’s request for alimony, do not hesitate to contact a divorce attorney for men. You are not required to pay your spouse financial support after the divorce simply because you were the husband. That is an old-fashioned notion. We can help you establish an alimony agreement that is fair to both parties. If that means eliminating alimony, we can help with that also.

Men Can Also Request Alimony in Birmingham

At Alabama Divorce & Family Law, LLC, we know that families come in all shapes and sizes. Long gone are the days where men are expected to bring home a significant income so their wives could (or must) remain home with the children. Men and women have much more freedom to choose the family arrangements that work best for them, which may include you staying home with your children or your spouse being the breadwinner.

When you are the spouse in the relationship with a lesser income or separate property, then it may benefit you to pursue alimony payments. Since alimony is in no way based on gender, you have just as much of a right to ask for spousal support as a woman would. It’s best to work with an attorney when seeking alimony. The process can be complex, and your spouse may dispute your claims.

Allegations of Domestic Violence

An issue men face more often than women is false allegations of domestic abuse. There are times when your spouse may level accusations of violence against you to try and obtain an advantage during a divorce, particularly involving child custody, child support, and alimony. At Alabama Divorce & Family Lawyers, LLC, we understand how angry you may be at your spouse for these allegations. We highly recommend you do not try to handle this situation yourself. Instead hire an Birmingham men’s divorce lawyer to defend you against these false allegations, and to fight for an appropriate outcome in your divorce. We will fight to prove to the court that your spouse is being dishonest, and that you are a good and fit parent. A Petition for Protection from Abuse (PFA) is a common filing in divorce matters that can have significant consequences and you will need experienced legal counsel to combat these false allegations.

Contact Alabama Divorce & Family Lawyers for Divorce Advice for Men

If you are interested in filing for divorce from your spouse, or your wife has filed for divorce, then you should seek out an attorney who understands the unique pressures placed on men during divorce. Society often expects you to be stoic during this process. We understand the real emotional toil it can take to end your marriage. When you are a father, the situation is even more complex and stressful as you naturally worry about being a good dad in the midst of so much change.

At Alabama Divorce & Family Lawyers, LLC, we genuinely want to help you and your family move forward through this challenging experience. We want to help you obtain an appropriate outcome to your divorce so that you can plan for a happier and healthier future for yourself and your children.

For answers to your questions, contact us online or call (205) 255-1155.

Types of Divorce Cases We Handle

Fixed Fee Offering