Family & Divorce Law Firm Serving Jefferson County
Peeples Law is a Birmingham family law firm serving families throughout Alabama. Divorce and family law are our only areas of practice, which means when you retain Peeples Law, you’ll be served by attorneys whose experience is focused exclusively on helping families navigate some of life’s most challenging transitions. Our Birmingham divorce lawyers and staff work together, taking a team approach to your case so that we can be accessible and responsive whenever you need us.
Family law matters are deeply personal. Whether you’re facing the end of a marriage, fighting for time with your children, or building your family through adoption or assisted reproduction, these cases affect the people you love most. At Peeples Law, we understand the emotional weight of these situations and provide compassionate guidance while protecting your legal rights and advocating for your best interests.
Helping Individuals and Families Get to the Other Side of Divorce
Our philosophy at Peeples Law is that every case can be worked out if the parties are willing and able to communicate with one another or work through their attorneys for a resolution that meets both parties’ needs. Litigation should be a last resort, not the first response. Our attorneys are certified mediators skilled at bringing parties together through family law mediation, and we can help you settle your divorce outside of court with less delay, lower costs, and outcomes that address your needs, goals, and the wellbeing of your children and family.
Alabama is a no-fault divorce state, meaning you do not need to prove wrongdoing to end your marriage. The only requirement is demonstrating an irretrievable breakdown of the marriage or incompatibility between the spouses. While this simplifies the grounds for divorce, it does not simplify the process of dividing assets, determining support obligations, and establishing custody arrangements that serve everyone’s interests.
Our firm works to settle cases amicably because we believe it generates the best results for you and your children. Children benefit when their parents can communicate and cooperate, and a negotiated settlement helps establish that foundation for your post-divorce relationship. However, we never settle a case just to settle it, and we are never afraid to go to court when necessary to protect your rights and fight for what’s best for you and your family.
Contested and Uncontested Divorce in Alabama
The path your divorce takes depends largely on whether you and your spouse can reach agreement on the major issues including property division, alimony, child custody, and child support.
An uncontested divorce occurs when both spouses agree on all significant matters. These cases move through the court system more quickly and cost significantly less than contested proceedings. Even in uncontested cases, however, having experienced legal counsel review your agreement ensures your rights are protected and all necessary issues are properly addressed. What seems fair in the emotional aftermath of deciding to divorce may not serve your long-term interests.
A contested divorce involves disputes over one or more significant issues that the parties cannot resolve through negotiation. These cases require more extensive preparation, discovery, and potentially trial. Our attorneys have the courtroom experience to advocate effectively for your interests before Jefferson County judges and throughout Alabama.
Collaborative divorce offers another path where both parties and their attorneys commit to resolving all issues through negotiation rather than court intervention. This process often involves financial specialists and other professionals who help the family transition with minimal conflict while preserving relationships.
Many divorces begin as contested matters but settle before trial as the parties gain clarity about their options and the likely outcomes of litigation. Our skilled negotiation and mediation can help move your case toward resolution while preserving your ability to go to trial if necessary.
High-Asset Divorce Representation
Peeples Law has particular expertise in high-asset divorce cases involving substantial property, business interests, professional practices, investment portfolios, and retirement assets. Birmingham’s business community includes executives, physicians, attorneys, entrepreneurs, and other professionals whose divorces require sophisticated financial analysis and strategic planning.
High-asset divorces present unique challenges including valuing closely held businesses, characterizing assets as marital or separate property, addressing stock options and deferred compensation, and handling real estate holdings. Retirement and pension division requires particular attention, as these assets often represent a significant portion of marital wealth and involve complex rules governing division through Qualified Domestic Relations Orders.
Alabama follows equitable distribution principles, meaning marital property is divided fairly but not necessarily equally. The court considers numerous factors including the length of the marriage, each spouse’s contributions, the value of separate property, and the economic circumstances of each party. Our attorneys work to protect your interests and ensure you receive your fair share of assets accumulated during the marriage.
Specialized Divorce Situations
Certain divorce situations require specialized knowledge and experience. Our attorneys handle a wide range of complex circumstances.
Military divorce involves unique considerations including division of military pensions under the Uniformed Services Former Spouses’ Protection Act, allocation of military benefits, deployment issues affecting custody, and application of the Servicemembers Civil Relief Act. These cases require attorneys who understand federal laws governing military families.
Same-sex divorce may involve additional complexities, particularly when the relationship predates marriage equality or involves children born or adopted during the relationship. Our attorneys ensure same-sex couples receive equal treatment under Alabama law.
Domestic violence affects many divorce cases and requires sensitive handling. We help victims obtain protection orders and ensure their safety while navigating divorce proceedings. Domestic violence can also affect custody determinations and other aspects of the case.
Child Custody and Parenting Time
Child custody decisions affect your family for years to come. Alabama courts prioritize the best interests of the child when establishing custody arrangements, considering factors including each parent’s relationship with the child, the stability of each home environment, the child’s adjustment to school and community, and each parent’s willingness to support the child’s relationship with the other parent.
Alabama recognizes both legal custody, which involves decision-making authority for major issues like education, healthcare, and religious upbringing, and physical custody, which determines where the child lives. Joint custody arrangements are common when both parents are fit and able to cooperate in raising their children.
We advocate for both fathers’ rights and mothers’ rights in custody disputes. Alabama law does not favor one parent over another based on gender, and we fight to ensure fair treatment in custody determinations.
Child relocation presents particular challenges when one parent wishes to move a significant distance with the children. Alabama law requires court approval for relocations that would substantially affect the other parent’s custody or visitation rights. The relocating parent must demonstrate the move serves the child’s best interests.
Child Support
Child support ensures children receive adequate financial support from both parents. Alabama uses the Income Shares Model to calculate support, considering both parents’ gross income, the number of children, health insurance costs, childcare expenses, and other factors.
Child support obligations continue until the child reaches 19 years of age in Alabama, or longer if the child is still in high school or has special needs. Support orders can be modified when circumstances change substantially, such as significant changes in income, changes in custody arrangements, or changes in the child’s needs.
Alimony and Spousal Support
Alimony may be awarded in Alabama divorces to help a lower-earning spouse maintain a reasonable standard of living after the marriage ends. The court considers numerous factors including the length of the marriage, the standard of living established during the marriage, each spouse’s age and health, earning capacity, contributions to the marriage, and marital misconduct.
Alabama courts may award several types of alimony. Periodic alimony provides ongoing monthly payments for an indefinite period. Rehabilitative alimony supports a spouse in acquiring education or training to become self-supporting. Alimony in gross provides a fixed sum paid in installments. The type and duration of alimony depend on the specific circumstances of your case.
Property Division
Property division requires identifying all assets and debts, determining what is marital versus separate property, valuing complex assets, and advocating for an equitable distribution.
Marital property generally includes assets acquired during the marriage regardless of whose name is on the title. Separate property includes assets owned before the marriage, inherited property, and gifts received by one spouse. However, separate property can become marital property through commingling.
Property division may involve the marital home, investment accounts, retirement plans and pensions, business interests, vehicles, and personal property, as well as responsibility for mortgages, credit cards, and other debts.
Modifications and Post-Divorce Matters
Life changes after divorce, and sometimes court orders need to change as well. Modifications to custody, support, or alimony may be necessary when circumstances change substantially, such as job loss, relocation, remarriage, or changes in the child’s needs.
Divorce modifications require demonstrating a material change in circumstances since the original order was entered. Our attorneys help clients pursue necessary modifications and defend against unwarranted modification requests.
Legal Separation
Legal separation allows couples to establish rights and obligations regarding property, support, and children while keeping the marriage legally intact. Some couples choose this option for religious, financial, or personal reasons, such as maintaining health insurance coverage.
Legal separation addresses the same issues as divorce, but the parties remain married. If circumstances change, a legal separation can be converted to a divorce.
Assisted Reproductive Technology
Peeples Law advises and represents couples and surrogates through the legal issues associated with Assisted Reproductive Technology (ART), from negotiating and drafting gestational carrier agreements to ensuring parentage is established appropriately under Alabama law.
ART arrangements require careful legal documentation to protect everyone involved. Intended parents need assurance that their parental rights will be recognized. Surrogates need protection of their rights and clear understanding of their obligations. Egg and sperm donors need clarity regarding their legal relationship with any resulting children.
Fertility clinics and ART agencies recognize Peeples Law as a capable authority in this area and frequently refer their clients to us. Whether you are excited at the prospect of becoming parents or performing a noble service to help a couple grow their family, Peeples Law can help ensure the process goes smoothly with your legal rights and interests fully protected.
Adoption
Growing a family through adoption can be wonderful, but the legal process can be complex and emotionally challenging. We provide guidance, support, and representation to help the process go smoothly and successfully.
We handle all types of adoption matters including agency adoptions, private adoptions arranged directly between birth parents and adoptive parents, stepparent adoptions, relative adoptions, and foster care adoptions. Each type has specific requirements and procedures that must be followed carefully.
Paternity
Paternity actions establish the legal relationship between a father and child. Establishing paternity is essential for determining custody rights, visitation, child support obligations, and inheritance rights.
We represent both mothers seeking to establish paternity for child support purposes and fathers seeking to establish their parental rights. Once paternity is established, the father gains legal rights including the ability to seek custody and visitation.
Prenuptial and Postnuptial Agreements
A prenuptial agreement helps both parties enter into marriage with their eyes open regarding each other’s finances, debts, and expectations regarding property division or alimony should the marriage end. These agreements are particularly valuable when one or both parties have significant assets, own businesses, have children from prior relationships, or expect inheritances.
If circumstances change during the marriage, a postnuptial agreement can accomplish the same purposes. Settling matters in advance helps parties make rational decisions rather than decisions driven by emotions during a contentious divorce.
Grandparents’ Rights
Grandparents’ rights cases help grandparents understand their options for maintaining relationships with grandchildren. Alabama law allows grandparents to petition for visitation in certain circumstances, though parental rights receive significant weight.
We work cooperatively to arrive at visitation arrangements that work for everyone when possible. When agreement cannot be reached, we advocate for the best interests of the children.
Child Abuse and Neglect
Child abuse and neglect allegations trigger serious legal proceedings that can affect parental rights. We represent parents facing allegations in dependency proceedings, working to protect parental rights while ensuring children’s safety and wellbeing.
Juvenile Law
If your child is in trouble with the law, our juvenile crime attorneys can help you explore options and find solutions that meet your family’s needs while ensuring your child is treated fairly. Early intervention and appropriate representation can make a significant difference in outcomes for young people.
Name Change
Name change petitions allow individuals to legally change their name for various reasons including divorce, marriage, adoption, or personal preference. We guide clients through the court process to obtain legal name changes.
Family Law Appeals
If you believe the trial court made errors in your family law case, our appeals attorneys can evaluate whether appellate review may be appropriate. Appeals have strict deadlines and procedural requirements that must be followed precisely.
Birmingham Family Law FAQs
How long does a divorce take in Alabama?
The timeline varies significantly based on whether the divorce is contested or uncontested. Alabama requires a minimum 30-day waiting period after filing before a divorce can be finalized. An uncontested divorce where both parties agree on all issues can often be completed in 30 to 60 days. Contested divorces involving disputes over custody, property, or support can take six months to over a year depending on the complexity of the issues and court schedules in Jefferson County.
What is the difference between legal custody and physical custody in Alabama?
Legal custody refers to the right to make major decisions about your child’s life, including education, healthcare, religious upbringing, and extracurricular activities. Physical custody determines where the child primarily lives and the day-to-day parenting schedule. Alabama courts can award joint or sole custody for either type. Many families have joint legal custody allowing both parents input on major decisions while one parent has primary physical custody with the other having regular parenting time.
How is property divided in an Alabama divorce?
Alabama follows equitable distribution principles, meaning marital property is divided fairly but not necessarily equally. The court considers factors including the length of the marriage, each spouse’s contributions to acquiring assets, each spouse’s economic circumstances, and the value of any separate property. Marital property generally includes assets acquired during the marriage regardless of whose name is on the title, while separate property includes assets owned before marriage, inheritances, and gifts to one spouse.
How is child support calculated in Alabama?
Alabama uses the Income Shares Model, which considers both parents’ gross income to determine the total support obligation based on what the family would have spent on the children if intact. The court then divides this amount between the parents proportionally based on their incomes. Additional factors include health insurance costs, childcare expenses, and the parenting time schedule. The Alabama Child Support Guidelines provide specific formulas, though courts can deviate when circumstances warrant.
Can I get alimony in my Alabama divorce?
Alimony is not automatic in Alabama and depends on several factors including the length of your marriage, the standard of living established during the marriage, each spouse’s age and health, earning capacity, contributions to the marriage including homemaking, and marital misconduct. Longer marriages with significant income disparities are more likely to result in alimony awards. Alabama courts may award periodic alimony, rehabilitative alimony to support education or training, or alimony in gross as a lump sum.
Do I need a lawyer for an uncontested divorce?
While Alabama law does not require an attorney for an uncontested divorce, having legal counsel review your agreement is strongly recommended. Divorce involves complex issues including property division, retirement accounts, debt allocation, and if children are involved, custody and support arrangements that will affect you for years. An experienced attorney can identify issues you may not have considered, ensure the agreement is enforceable, and protect your long-term interests. What seems fair during an emotional time may not serve you well in the future.
What rights do fathers have in Alabama custody cases?
Alabama law does not favor mothers over fathers in custody determinations. Both parents have equal rights, and courts base custody decisions solely on the best interests of the child. Factors considered include each parent’s relationship with the child, ability to provide a stable home, willingness to support the child’s relationship with the other parent, and the child’s adjustment to home, school, and community. Fathers who actively participate in their children’s lives and demonstrate their commitment to co-parenting have strong positions in custody proceedings.
Can I modify a custody or support order after the divorce is final?
Yes, custody and support orders can be modified when there has been a material change in circumstances since the original order was entered. Examples include significant changes in income, job loss, relocation, changes in the child’s needs, or changes in either parent’s living situation. The party seeking modification must demonstrate the change is substantial and that modification serves the child’s best interests for custody matters or reflects changed financial circumstances for support matters.
What is a guardian ad litem and when is one appointed?
A guardian ad litem is an attorney or trained advocate appointed by the court to represent the best interests of a child in contested custody cases. The guardian conducts an independent investigation, interviews the parents and children, reviews relevant records, observes the children in each home, and makes recommendations to the court. Guardians ad litem are typically appointed when parents have significant disputes about custody or when concerns exist about a child’s welfare that require independent investigation.
How does mediation work in Alabama family law cases?
Mediation involves a neutral third party helping divorcing spouses reach agreements on contested issues outside of court. The mediator facilitates communication and negotiation but does not make decisions for the parties. Mediation is often less expensive and faster than litigation, allows parties to craft creative solutions tailored to their family’s needs, and tends to produce agreements both parties are more likely to follow. Many Alabama courts require mediation before trial in contested cases. At Peeples Law, our attorneys are certified mediators who can serve as your mediator or represent you in mediation conducted by another professional.
Serving Throughout Jefferson County and Alabama
- Birmingham
- Hoover
- Vestavia Hills
- Mountain Brook
- Homewood
- Pelham
- Alabaster
- Trussville
- Bessemer
- Irondale
- Gardendale
- Helena
- Chelsea
- Leeds
- Fultondale
Why Choose Peeples Law
When facing a family law matter, you need attorneys who understand both the legal complexities and the emotional realities of your situation. Peeples Law offers focused expertise, having dedicated our practice exclusively to family law and divorce. This focus means we stay current on developments in Alabama family law and bring deep experience to every case.
Our team approach ensures you always have access to someone who knows your case. We communicate openly and keep you informed at every stage, ensuring you understand your options and can make informed decisions about your future.
We believe in resolving cases efficiently when possible through mediation and negotiation, saving you time, money, and emotional energy. But we never compromise your interests for the sake of a quick resolution, and we are fully prepared to litigate when necessary to protect your rights.
Call Peeples Law for All Your Birmingham Family Law Needs
For help with Alabama divorce, ART, and other family law matters, call the Birmingham divorce and family lawyers at Peeples Law at 205-403-5577. We offer consultations to discuss your situation, explain your options, and help you understand the path forward. Whatever family law challenge you face, Peeples Law is here to provide the experienced, compassionate representation you deserve.
