Family Law Attorney Serving Baldwin County, Alabama

Family law encompasses a broad range of issues, from prenuptial agreements to child custody. It's our job to help you understand these aspects and prepare you for the legal processes involved. We aim to provide clear, straightforward advice, ensuring you feel confident and informed about your decisions. At Kesling Law Firm, we know that every situation is unique, and the challenges you face may feel overwhelming. It's our mission to shoulder some of that burden, offering support and guidance when it matters the most.

Located in Baldwin County, Alabama, we proudly extend our services to clients from Mobile Bayway to Daphne, Spanish Fort, Malbis, Loxley to the Perdido River, and communities along the Alabama Gulf Coast. Reach out today to schedule a free consultation and learn how we can help you through your family law matter.

Divorce in Alabama

Whether your divorce is contested or uncontested, we'll work tirelessly to ensure your rights are protected.

Contested Divorce

A contested divorce is a type of divorce where the spouses cannot agree on one or more key issues required to conclusively terminate their marriage. These issues could range from the division of assets and liabilities, alimony, child custody, to visitation rights. This lack of consensus necessitates a court trial where a judge will make the final decisions. Contested divorces tend to be more adversarial and lengthy, making it crucial to have strong legal representation to protect your interests.

Uncontested Divorce

An uncontested divorce, in contrast to a contested divorce, occurs when both spouses agree on all key issues necessary to conclusively end their marriage. This includes agreement on aspects such as division of assets and liabilities, alimony, child custody, and visitation rights. The benefit of an uncontested divorce is that it eliminates the need for a court trial, allowing for a more amicable, faster, and less costly process. Despite the agreement between the parties, it is still recommended to have legal counsel present to ensure the terms of the divorce are fair, legally sound, and in the best interest of all parties involved.

Alimony

Alimony, also often referred to as spousal support, is a financial provision one spouse might be required to pay to the other during or after a divorce. It is not an automatic right; instead, it's determined on a case-by-case basis depending on various factors, such as the length of the marriage, the financial situation of both parties, the standard of living during the marriage, and each party's earning capacity. The aim of alimony is to minimize any unfair financial impacts of a divorce by providing ongoing income to a lower-wage-earning or non-wage-earning spouse. Alimony can be temporary or permanent, and it usually ends if the recipient remarries or either party dies.

Asset Division

Asset division, also known as property division, is a critical element of the divorce process. It involves the distribution of the couple's marital assets and liabilities. Marital assets are not merely limited to cash and properties; they include everything acquired during the marriage, such as homes, vehicles, retirement accounts, businesses, investments, and even debts. The division of these assets can be agreed upon by the spouses themselves or, in the case of a disputed divorce, it can be determined by a court. The process is influenced by state laws and can either follow the principles of "community property" or "equitable distribution". While community property states divide marital assets equally, equitable distribution states divide them based on fairness, which may not always mean a 50-50 split.

Children and Divorce

We know that your children's well-being is your top priority. Our firm is dedicated to ensuring their needs are met during this difficult time.

Child Custody

Child custody refers to the legal rights and responsibilities a parent has towards their child following a divorce or separation. It encompasses two main types: physical custody and legal custody.

• Physical custody determines with whom the child will primarily reside. It can be sole (where the child lives with one parent most of the time) or joint (where the child spends significant time with both parents).

• Legal custody, on the other hand, gives a parent the right to make important decisions in a child's life, such as those related to education, health, and religion. Like physical custody, it can also be sole or joint.

Courts often prefer joint custody arrangements where both parents can cooperatively make decisions for the child's best interests. However, the final custody arrangement is always determined with the child's best interests in mind, considering factors such as the child's age, health, emotional ties with parents and siblings, parents' ability to provide care, and more.

Child Support

Child support is a legal obligation, typically imposed on the noncustodial parent, to provide financial assistance for the upbringing of their children following a divorce or separation. This financial support helps cover various expenses such as food, housing, education, healthcare, and other child-rearing costs. The amount of child support is determined by the court, taking into account factors like the income of both parents, the number of children, the time each parent spends with the child, and the standard of living the child is accustomed to.

Child support orders can be modified over time in response to significant changes in the child's needs or parents' financial circumstances. It's important to note that child support is a separate issue from visitation rights — a parent cannot refuse visitation if child support payments are not made, nor withhold child support if visitation is denied.

Pre- and Postnuptial Agreements

Pre- and postnuptial agreements are legally binding documents that outline how assets and liabilities will be divided between spouses in the event of a divorce. A prenuptial agreement, as the name suggests, is agreed upon before marriage, while a postnuptial agreement is established after the marriage has taken place. Both types of agreements provide a clear understanding of each party's financial rights and responsibilities, offering protection and peace of mind. They are especially important in cases where one or both parties have significant assets, previous marital obligations, or children from previous relationships.