Recent Blog Posts
What Is Visitation, and How Does It Work During Divorce?
Divorcing couples often struggle with agreeing upon a child custody arrangement. For instance, both parties might vie for sole custody. Yet even if one party secures sole custody, the other party could still be entitled to visitation rights. To learn about visitation and child custody in Alabama, read on. Child Custody in Alabama In… Read More »
Types of Alimony in Alabama: Temporary vs. Permanent Alimony
The legal landscape for alimony (a.k.a. spousal support or spousal maintenance) has changed over the last few decades. Dual-income families are much more common, and parents are more likely to split home-care and child-care responsibilities. Alimony is not guaranteed, and in many states, even when it is granted, it’s meant to serve a particular… Read More »
What is a Mandatory Settlement Conference (MSC)?
It may be surprising to hear, but judges don’t like trials. They prefer parties to settle their matters outside of court and will do everything in their power to encourage settlement. Trials are meant to be a last resort when the parties simply cannot come to an agreement. Alabama courts can, for example, order… Read More »
When Are Drug Tests Used in Child Custody in Alabama?
Child custody disputes can easily become heated and emotionally charged, especially when there are allegations concerning abuse or neglect. Family courts in Alabama prefer to award joint custody to both parents, relying on a presumption that the child will benefit from maintaining a relationship with both parents. When the court is alerted of concerns… Read More »
What Is a Summary Dissolution and How Do I Qualify?
Not every divorce proceeding needs to be a knock-down, drag-out fight. Although divorce can bring up a lot of challenging emotions, many couples come to the mutual conclusion that their marriage is not in their best interests and seek a way to dissolve the marriage as efficiently and painlessly as possible. There are streamlined… Read More »
How to Challenge a Prenuptial Agreement
It’s a very personal decision whether or not to enter into a prenuptial agreement in advance of a marriage. We advise most couples with any pre-existing assets to at least consider a prenup. It’s not about planning for an inevitable divorce. Prenups are about protecting everyone and planning a future together while recognizing that… Read More »
How to Choose a Divorce Lawyer
Proceeding with a divorce can be a difficult time in anyone’s life. That’s why it’s important to have the right attorney on your side. At Hawkins Law, we believe in understanding the needs and circumstances of every client. No two divorce cases are alike, and having an attorney who understands how to adapt to… Read More »
What Are Deductible Fees in an Alabama Divorce?
The most recent changes to the tax law amended the Internal Revenue Code in a way that largely does not benefit individuals going through a divorce. Specifically, the IRS does not allow for any deductions for the cost of legal fees related to divorce proceedings. In Alabama, the state code details that “Attorneys’ fees… Read More »
Divorce Settlements Under Duress
Alabama courts encourage divorcing parties, like parties to any other civil action, to settle. Forcing the court to resolve matters is always meant to be a last resort. Settlements make the case conclude more quickly and give the parties more agency in deciding what happens to their assets, their children, and their financial support…. Read More »
Freezing Marital Assets in AL: Requesting a Financial Restraining Order
In an ideal world, when you find yourself in a divorce, you and your spouse would accurately disclose all marital and separate assets and negotiate a fair disposition. Unfortunately, the world is rarely ideal. In reality, parties to a divorce often do whatever they can to protect their finances in a divorce or even… Read More »
