Family Law
Practice Area

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Family Law

Our firm will help you through legal matters involving family relationships, such as adoption, divorce, child support and many others. We represent clients in family court proceedings or in related negotiations. We also draft important legal documents such as court petitions and property agreements. We can help you in all family law matters.

Divorce

We understand that divorce is never an easy decision. It is important to have attorneys who not only understand your situation, but who also will fight to get the results you deserve. We have over 30 years of combined experience and will work hard to provide you with the best results possible.

Divorce is difficult enough. Making a decision about hiring an Alabama divorce attorney should not add to this stress. During this difficult time, you need a divorce attorney who is understanding and compassionate, yet able to fight for your rights. The attorneys at Russo, White & Keller have practiced divorce law on a daily basis for well over 25 years. We will fight for your rights and what you deserve.

We are more than qualified to assist you in preparing a comprehensive settlement agreement and obtaining an uncontested divorce. We can streamline the process and prepare the necessary paperwork so that you don’t even go to court.

Uncontested

Have an overall consensus on how the marriage should end?

When it comes to divorce cases, the devil is in the details. Both parties may have an overall consensus on how the marriage should end, but putting that in a legally binding agreement is not as straight forward.

Our attorneys have more than 20 years experience in crafting and filing uncontested divorces in Alabama.

Contested

Can't agree?

Contested divorces usually involve situations where you and your sponse cannot agree on some major point such as property division, alimony, custody, child support, or attorney’s fees. Often in these cases there are grounds for the divorce other than incompatibility, such as adultery, domestic violence, or drug addiction.

These cases typically take longer to complete because both parties must come to a consensus.

Contempt

Have you failed to meet various obligations required by a court order, such as paying child support or alimony? Has your ex-spouse failed to live up to the agreement?

If you are facing a contempt of court action, also called a Rule Nisi, it is important that you take the case very seriously. Failure to properly respond can lead to more serious consequences, including garnishment of wages and tax refunds, and even incarceration.

Likewise, if your ex-spouse is not abiding by the court’s order to pay child support, alimony, or perform some other duty mandated by the court order, your only relief may be to invoke the contempt powers of the court in order to force compliance.

Child Support

Child support can arise in both family court and divorce court situations. Child support is money that one spouse pays each month to support his or her child or children. The amount of child support is easily determined and is based on the gross income of each parent.

If you are facing a situation in which you are behind in child support payments, we can also assist you in those proceedings. By evaluating your income and that of the other parent, we may be able to lower the child support payments and set you up on a payment plan to pay the past due amount as well. Additionally, a chapter 13 bankruptcy will allow you to pay back the past due child support (child support arrearage) over a period of up to 5 years.

FAQ

An uncontested divorce is usually based upon incompatibility and the parties have reached an overall consensus of how their property should be separated and how to handle custody, visitation, child support, alimony, and other issues. If both parties agree on all issues, it can save the parties money, emotional stress, and future abilities to communicate, which can be especially important if children are involved. If the parties disagree on any one issue, the divorce is contested.

Contested divorces traditionally involve situations where the parties cannot agree on some major point such as property division, alimony, custody, child support, or attorney’s fees. Often in these cases there are grounds for the divorce other than incompatibility, such as adultery, domestic violence, or drug addiction.

Things happen in life. Perhaps your ex-spouse is paying you alimony or child support and has had a substantial increase in income since the divorce. Perhaps your spouse has custody of your children and has gone down a path in life that is not in the best interest of your children. Maybe you were ordered to pay child support and/or alimony and have lost your job for reasons beyond your control. There are many scenarios which would justify a modification of your divorce decree, but you must understand that until the divorce order is modified, the original order stands, and all parties must comply with that order whether they are able to or not. If a party fails to abide by the court’s order, he or she could be held in contempt of court, be ordered to pay attorney fees and court costs, and even incarcerated.
The short answer is that it depends upon the willingness of both parties to sit down and negotiate a settlement in their case. It takes both parties to settle the divorce and have it move as expeditiously as possible. It only takes one person to drive up the costs and length of time it takes to get a divorce.