No. In order to for us to be able to provide you with advice, you must first call our office and schedule an appointment to come in and speak with us. Our ethical duties require that we determine if we have any type of conflict of interest in your case that would prevent us from representing you prior to giving you any advice. Please note that if you schedule an appointment with our office over the phone and fail to keep it, we are free to schedule an appointment with any other party that might be involved in your case. Simply scheduling appointments with a law office will not conflict the attorney out of representing the other party involved in the case.
If you wish to contact us our telephone number is 256-386-7090 and we are open from 8:00 a.m. until 5:00 p.m. We would enjoy being of service to you.
IS THERE A CHARGE FOR AN OFFICE CONSULTATION?
It depends. Certain types of cases do not incur an office consultation fee. We do not charge for the initial office consultation for cases involving claims for personal injury, wrongful death or workers compensation cases.
We do charge for office consultations involving matters pertaining to divorce, custody, probate, or post-modification proceedings involving domestic work.
If you are not sure or have any questions about whether there will be a charge, please feel free to ask when you call to schedule the appointment and we will advise whether there will be a charge for our time.
WHAT INFORMATION SHOULD I BRING WHEN I COME FOR MY INITIAL CONSULATION?
Again, that depends on your case. If you have a domestic matter i.e. one involving divorce, custody, child support, property division, alimony, or paternity) then it is most helpful to bring an itemization of your assets and liabilities along with proof of you and your spouse's current monthly gross income (This is necessary for child support and alimony issues that may be present in your case.) We have an initial interview sheet that you will complete when you come in for your first appointment. Depending on the issues involved in your case, there may also be other information that we will need you to provide however we will provide you with a list of this as your case develops.
If your case involves personal injury, it is always helpful to bring a copy of your accident report (if it is available) along with photos of any damage that you have sustained and any estimates of repair. These will be beneficial in evaluating the various aspects of your claim.
- Can I schedule an initial appointment via this site or email?
- Is there a charge for an office consultation?
- What information should I bring when I come for my initial consultation?
- How long does it take to get a divorce?
- If my spouse and I are in agreement regarding all matters, can you prepare the documents necessary for us to get the divorce?
- How is the amount of child support calculated?
- What is mediation?
- Can you serve as a mediator for a divorce?
HOW LONG DOES IT TAKE TO GET A DIVORCE?
How long the process usually take depends on whether the parties are in agreement as to all of the terms of the divorce, including how custody of their children will be addressed, child support, property division, payment of debts, etc. If the parties are in agreement as to all of the various issues, then the documents can generally be prepared within days. Generally, once the documents are prepared and executed by the parties, they are filed with the Clerk of the Court in the county where the divorce will occur and a Final Decree is entered typically after thirty days have passed. You nor your spouse are required to go to court if the you resolve all aspects of your case and the documents are provided to the Clerk of the Court.
If there are matters that are contested (i.e. you and your spouse do not agree on aspects of custody, child support, property division, etc.) then your case can take several months or longer, depending on the county and the length of your trial. This is another reason why mediation is recommended, and in certain courts, required, prior to the matter being tried before a judge.
IF MY SPOUSE AND I ARE IN AGREEMENT REGARDING ALL MATTERS, CAN YOU PREPARE THE DOCUMENTS NECESSARY FOR US TO GET THE DIVORCE?
Yes. We can prepare all of the various documents necessary to file an uncontested divorce. We cannot however, represent both sides nor can we provide legal advice to both of you. We can only give legal advice to our client, the one with whom we have our initial consultation. The law does permit us to permits us to prepare the documents that both of you can sign.
HOW IS THE AMOUNT OF CHILD SUPPORT CALCULATED?
Alabama established guidelines that determine the amount of child support that must be paid. The law pertaining to child support is frequently referred to as "Rule 32" and can be found in the Alabama Rules of Judicial Administration. The child support guidelines are all based on the parents' monthly gross incomes, the number of children being supported by the parents and also take into consideration the cost of daycare and health care that is being provided by one parent for the minor child/ren. The court may deviate from the guidelines, however, there are limited circumstances in which this occurs and in those cases where the guidelines are not applied, specific reasons must be set forth stating the reason for the variance. If the court determines that the paying parent is voluntarily under-employed and is earning less than he or she could for the purpose of minimizing the child support obligation, the judge can calculate the amount of child support based on what the payer is capable of earning.
WHAT IS MEDIATION?
Divorce mediation is a process by which a neutral third party, trained in mediation, assists a couple in reaching their own settlement of the issues involved in obtaining a divorce. The role of the mediator is not to make the decisions for the parties but rather to assist them in negotiating a settlement that both parties are capable of living with. Mediators do not give legal advice. Mediation works best when both parties have independent attorneys who can advise them and assist them with the negotiation of the issues. Alabama has a statute called "Mandatory Mediation Prior to Trial" which provides that mediation is mandatory when all parties agree; upon a motion by either party or at the trial court's discretion.
The party asking for mediation is generally the one who is responsible for the cost incurred, unless otherwise agreed. If the trial court orders that the parties attend mediation, the judge will typically order that the parties divide the mediators fee that is incurred. In cases involving domestic violence or abuse, the trial court may order it that occur if the victim requests mediation, the mediation is conducted by a mediator trained in domestic violence, and the victim may have a support person of his or her choice in attendance at mediation.
CAN YOU SERVE AS A MEDIATOR A DIVORCE?
Terry Mock is certified in divorce mediation and has also received advance training in those areas involving domestic violence. She can provide those services either by agreement of the parties or appointment by the Court. As mediator, she will seek to assist the parties in resolving those issues that are in dispute so that the parties can start healing and moving on with their lives and those of their children.
