Divorce

Divorce is never something anyone looks forward to or, for that matter, something most plan on. While Alabama does recognize and enforce pre and post nuptial agreements few people have the foresight when entering a romantic relationship meant to last a lifetime to plan for the demise of that relationship and the division of assets and debts that follow, let alone the emotional turmoil that can result. The Oncale Firm has helped hundreds of people navigate these uncharted waters over the last two decades and is here to help you today. If you are facing or contemplating divorce proceedings, please call and speak with one of our attorneys. We offer free consultations by phone.

Prenuptial Agreements

For those entering marriage with substantial assets, business assets or debts a prenuptial agreement provides the perfect contractual vehicle to protect assets acquired before marriage and to guarantee certainty if there is a breakdown of the marriage and a subsequent divorce. Sometimes referred to as an antenuptial agreement or even a prenup for short a prenuptial agreement is simply a contract in contemplation of marriage that sets forth the assets and debts of each party at the time of marriage and makes provision contractually as to how those assets and debts will be divided should the relationship end in divorce. The contract can also make provision for assets and debts incurred in the future. Prenuptial agreements are enforceable under Alabama law. A similar contractual document known as a postnuptial agreement can be drafted when problems develop in a marriage, yet the parties want to continue the marriage but with some financial certainty as to what will happen if divorce ultimately becomes reality. The Oncale Firm has been involved in the drafting of many prenuptial, antenuptial and post nuptial agreements and can give you the guidance you need. Please call us today.

Divorce

For most people facing divorce a prenup or other contractual document was not on their radar when they married as they believed their relationship would stand the test of time and last a lifetime. For those in this situation a more traditional divorce or divorce mediation/collaborative divorce provides the only option for a dissolution of the marriage. A divorce can be contested or uncontested. An uncontested divorce is one in which the parties agree on all terms and conditions and the division of assets and debts and are both willing to sign documents signifying that agreement. A contested divorce is when one or more issues remain in contention and cannot be agreed upon or, for whatever reason, one party refuses to execute the documents necessary to effectuate an uncontested divorce. Many divorces that begin contested end with an agreement rather than proceeding to trial, however, you can never presume your divorce case will settle and must at all times remain prepared to proceed to trial if necessary. Some people choose to go forward with a collaborative divorce where both parties agree, in writing, to a process that puts an amicable settlement of all disputes as the primary goal of the parties and work towards that solution with a team of professionals that make sure everyone’s voice is heard and that all possible solutions and alternatives are considered and evaluated by the parties. For those divorces that are contested many end up settled through the mediation process.

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