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Birmingham Divorce Firm

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The Procedural Parts of a Divorce

1. Filing of the Complaint for Divorce

A spouse must file a petition with the court to dissolve their marriage. After the petition is received by their spouse, they may file an answer or a counter-petition.

2. Filing of an Answer

The party who receives the petition for divorce may either agree or deny the allegations that led to the filing of the divorce. An answer to a petition must be filed within thirty (30) days of the date that the party is served. Service may be by special process service, the sheriff or by publication if the whereabouts of the spouse are unknown.

3. Temporary relief hearing

A temporary relief hearing generally may happen near the onset of the divorce. The outcome of a temporary relief hearing is typically a temporary order that may provide for support until the final judgment of divorce.

4. Discovery

This phase is called Discovery. It may include certain document requests, interrogatories, requests that need to be admitted or denied and oral depositions. Typically is the longest portion of a divorce.

5. Mediation

During the divorce process, many couples desire to conduct mediation. This is a way to get a resolution of divorce without having a trial. Typically a third party who is a professional mediator will come in and discuss options that the parties may agree upon to settle their differences. The mediator is a neutral party that will assist each party and their lawyer in getting a settlement. Our Birmingham Divorce attorneys attend mediation with our clients to give them legal advice throughout the mediation process. If the case is successful in mediation it will proceed to a final order without the need for a trial.

6. Final Trial

If all efforts of mediation and negotiation have failed during the divorce process, a trial will be set. Each party will be able to present their case to a judge. Our attorneys are litigators and thrive on trial activities. However, our attorneys also treat every meeting for hearings and with the parties as an opportunity to discuss settlement. If a settlement can be found, we strive to get the case resolved. At a trial, a judge will hear all the evidence and testimony and then enter a final order. This final order is called a Final Judgment of Divorce.

*Each case is difference and fact-dependent. There may be additional steps that are required which will be based on your individual needs. Our attorneys at the Birmingham Divorce Firm are always here to answer your questions. Call us (205) 623-1001.

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The Zwiebel Law Firm, LLC

826 Columbiana Road
Birmingham, AL 35209

Phone: (205) 623-1001
Fax: (205) 874-9481

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The attorneys and staff at The Zwiebel Law Firm look forward to finding resolution to each client’s case. We anticipate every step and keep our client’s informed of expectations.

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