Q. Tell us about yourself and your practice.
A. My name is John T. Long. I have been practicing law for 14 years, specializing in family law. My foremost interest is assisting my clients through the court system and obtaining the best possible settlements for them. I have handled hundreds of divorce cases in Alabama, from the initial consultation to appeals in the Alabama Court of Civil Appeals.
Q. Do you offer a free initial consultation?
A. There is no fee for an initial consultation. After the initial consultation and upon a fee agreement, the process begins by filing a complaint in the county where the parties reside.
Q. How long do you take to process a divorce?
A. If an agreement can be worked out, both parties sign off on the agreement and it is filed with the court for the judge to sign. If there can be no agreement, then we go to trial and try the issues that can not be agreed upon. The judge makes the decision on who gets what, based on the testimony of the parties.
Q. How long does it take for a divorce to become final?
A. If an agreement is made the case can be signed and an order issued within sixty to 90 days. If there is a trial the case may take one to two years. The process is more costly and I know what the judge will do anyway usually.
Q. Who receives custody of the children in a divorce?
A. Custody is determined on what the best interest of the child is. This is based on numerous factors including fitness as a parent, income stability and support network of family.
Q. Who will have to pay alimony in a divorce?
A. Alimony is usually determined based on the standard of living the parties are accustomed to, who contributes and with what income. Also, the ability to earn is also a factor in alimony. Usually alimony is not awarded if both parties can earn a living.
Q. How is child support determined?
A. Child support is determined based on the income of the parties, by a formula that is set by Alabama law. The incomes are added together and then divided by the total to get a percentage. Prior child support obligations (from previous marriages) are deducted, medical premiums are added and child care is added. The support is set by the Child Support Guidelines and the percentage is multiplied by that guideline to get an amount. The parent having primary physical custody is awarded the child support and usually deducted from the paycheck of the one paying support.
Q. What is a marital settlement agreement in a divorce?
A. The fastest and most cost effective divorce is the one where the parties can agree on who gets custody of children, division of assets (usually you take what you bring into the marriage and split equally what was acquired after the marriage). A marriage of ten or more years results in a split of any retirement benefits of both parties.
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