Family Law Attorneys in Daphne, AL
Navigating the complex legal system in Alabama presents many challenges for individuals and families. Whether you are going through a divorce, adopting a child, or dealing with another family legal matter, having experienced legal guidance is critical. At Wilkins, Bankester, Biles & Wynne, P.A., our seasoned Daphne family lawyers have represented clients for all types of cases involving family legal issues, including but not limited to:
- Child Custody Disputes
- Child Support Modifications
- Alimony Determinations
- Prenuptial Agreements
- Paternity Cases
We understand how emotionally trying these issues can be for our clients. Our team will stand by you through every stage of the process, offering sound legal counsel and skilled representation aimed at achieving optimal case outcomes that are in keeping with your best interest.
Daphne, AL Area Family Court System
Family law cases in Daphne usually proceed through the Baldwin County courthouse, which is located at:
312 Courthouse Square
Bay Minette, AL 36507
Phone: (251) 580-2500
The family court process typically involves:
- Filing initial petitions and paperwork.
- Attending status conferences.
- Participating in mediation or negotiations.
- Potentially going through litigation if the case cannot be settled through negotiations or mediation.
There are specific forms and procedures used in the local courts that our attorneys are familiar with. We will ensure all required family court documents are handled properly and deadlines are met.
Divorce and Separation in Daphne, AL
When it comes to divorce and separation in Alabama, there are specifics around residency requirements, grounds, and options for fault versus no-fault filings that apply to couples in the Daphne area.
In Alabama, either spouse must be a resident of the state for at least 6 months before filing for divorce. The state also allows for both fault-based and no-fault divorce. In a no-fault filing, irreconcilable differences are usually cited as the reason while a fault-based divorce alleges grounds like adultery, abuse, or addiction.
Legal separation, while not as common as divorce, is an alternative that some couples in Daphne choose. Unlike a divorce, a legal separation does not end the marriage. Instead, it allows couples to live apart and make separate arrangements for finances, property, and child custody, while still maintaining the legal status of their marriage.
At Wilkins, Bankester, Biles & Wynne, P.A., we understand the nuances of Alabama’s divorce and separation laws. Our experienced attorneys can provide the legal guidance you need to navigate these complexities in the Daphne area court system, helping you move forward with confidence.
Child Custody and Support in Daphne, AL
Child custody and support (both child and spousal support) issues are among the most contentious in family law. In Daphne, AL, as is true across Alabama, the courts prioritize the best interests of the child when making decisions about custody and support. And there are various factors that are considered in the determination of alimony/spousal support.
When it comes to child custody, the court considers factors such as the relationship between the child and each parent, the mental and physical health of all parties involved, and the stability of the home environment. The court’s decision ultimately aims to ensure the child’s safety, well-being, and healthy development. Both legal (decision-making) and physical (residential) custody can be shared jointly by the parents or awarded solely to one parent, based on these considerations.
Child support in Daphne is calculated using the Income Shares model, which considers the income of both parents, the number of children, and the custody arrangement. The goal is to ensure that children continue to benefit from the financial resources of both parents after a separation or divorce, just as they would if the family remained together.
In addition to child support, alimony or spousal support may also be a factor in Daphne divorce cases. In Alabama, alimony is not a guaranteed part of divorce proceedings but rather is determined based on several factors including the length of the marriage, each spouse’s financial condition, their ages and health, their future earning prospects, and their standard of living during the marriage.
At Wilkins, Bankester, Biles & Wynne, P.A., our attorneys are intimately familiar with the child custody, support, and alimony laws in Alabama. We are committed to representing your interests and advocating for a fair outcome that prioritizes the well-being of your children and your financial stability.
Post-Divorce Actions in Daphne, AL
It is important to understand that a divorce decree is not necessarily the end of legal actions between former spouses. Sometimes, circumstances change, and previous orders need to be modified. In other cases, one party may not adhere to the court’s orders, and enforcement actions may become necessary.
Modification of Orders
In Alabama, modifications to divorce orders like child custody, visitation, or support can only be made if there is a substantial change in circumstances. This could include changes in income, relocation of a parent, or changes in a child’s needs. The court will again consider the best interests of the child when deciding whether to grant a modification.
Enforcement of Orders
If your former spouse is not complying with the court-ordered divorce decree, you may need to take legal action to enforce it. This could involve non-payment of child or spousal support, failure to adhere to visitation schedules, or non-compliance with property division orders.
Navigating these post-divorce actions can be complicated, but our team is prepared to guide you through the process. We can help you understand your rights and options and will advocate for you every step of the way.
Reach Out to Our Daphne, AL Family Law Attorneys Today
If you need experienced and skilled representation for a family law matter in the Daphne area, please contact Wilkins, Bankester, Biles & Wynne, P.A. to schedule a consultation. For decades, we have protected the interests of local clients through all aspects of divorce, child custody, support, and other types of family law proceedings.
To learn more about how we can support you, message us online or call us at (251) 928-1915. We will work hard to achieve the best outcome possible for your unique case.