3 Common visitation schedules in divorce in Mobile, AL

by Walter Gewin | Mar 25, 2024 | Alabama, Children, Custody, Divorce, Family, Family Law, Mobile, Visitation

3 Common visitation schedules in divorce in Mobile, AL

While divorces are far from one size fits all, there are a few common visitation schedules in divorce in Mobile, AL.

In uncontested divorces and divorces settled by agreements, visitation schedules can vary according to the terms the parties agree upon.

Also in the event the visiting party is found to be on drugs or dangerous, visitation can be restricted to supervised visitation, daytime only, or supervised visitation at the Family Center.

Absent extenuating circumstances just mentioned and assuming that a divorce case proceeds to trial, visitation schedules are often as follows in Mobile, AL:

Standard Visitation

Both of our judges in Mobile, AL have a standard visitation schedule wherein one parent has physical custody and the other parent has “standard visitation.”

This visitation schedule is the most commonly utilized type of visitation schedule in Mobile. The visiting parent has the child(ren) every other weekend Thursday through Sunday, and the weeks that the visiting parent does not have weekend visitation, they have visitation from the release of school on Thursday through return to school Friday morning.

Additionally, with standard visitation, the parents divide the holidays. Each parent has a week with the child(ren) during Christmas break, alternating which parent gets the first or second week of Christmas break every other year.

The visiting parent also has alternate year spring break and Thanksgiving break with the child(ren). For summer, each parent has the child(ren) for one month, with the custodial parent having the kid(s) for the first two weeks of June and the first two weeks of July, and the visiting parent having the last two weeks of June and July.

Additionally, the child(ren) are with the mother on Mother’s Day weekend and with the father on Father’s Day weekend.

Joint Physical Custody

If parties receive joint physical custody of their child(ren), the parties typically rotate the custody of the kid(s) on a weekly basis.

Joint custody visitation may then be further expounded upon to give the parties a larger amount of uninterrupted visitation in the summer, designated time with the child(ren) on Mother’s Day and Father’s Day, specified Christmas Eve/Day visitation, and alternate Thanksgiving and spring break visitation.

Joint Custody is not the standard visitation schedule for divorces in Mobile, AL, however both of our Judges have been known to order Joint Physical Custody in certain cases at their discretion.

Out of State Visitation

Should the visiting parent live out of state, the visiting parent’s visitation will more than likely resemble some form of out-of-state visitation.

This visitation schedule allows for regularly scheduled visits for the visiting parent as well as accommodation for the visiting parent if the visiting parent makes additional efforts to visit the child(ren) in the city where the child(ren) resides.

In this visitation schedule, one parent has physical custody and the other has visitation.

The visiting, nonresident parent typically has visitation one weekend per month from Friday to Sunday, to be exercised in the city in which the child(ren) reside, provided the non-custodial parent shall provide 7 days’ notice to the custodial parent of their intent to exercise said visitation.

In the summer the visiting parent often will be allotted a larger amount of summer visitation, such as 6 weeks, due to the longer distance between them and the home of the minor child(ren) and the ability of the kid(s) to visit due to school not being in session.

The visiting parent also gets a week with the minor child(ren) at Christmas, alternate Thanksgiving, and alternate spring breaks.

Additionally, often the visiting parent will also get the ability to visit with the kid(s) any other time when the visiting parent is in the hometown of the child(ren) provided he gives notice beforehand, said visit is no longer than 48 hours, and said visit will not interfere with the kid(s) school.

Again, the facts in every divorce are unique and Judges can tailor custody and visitation as needed. While these are the most common visitation schedules that result from divorces in Mobile, AL, every case is different.

Judgments of Divorce are final and the terms therein regarding custody and visitation last until the children become adults.

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Author: Walter Gewin

Attorney Walter Gewin is a native of Mobile, Alabama. After graduation from law school, Walter clerked for Circuit Court Judge John Lockett before pursuing a career in the private practice of law. Initially, practicing a wide variety of law; Walter’s practice has become more focused on family law, including juvenile, probate, and domestic relations matters. Walter also currently serves as a certified Guardian Ad Litem in Dependency, Delinquency, and Domestic Relations matters.

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How to get divorced with kids involved in Mobile, AL in 2024

by Walter Gewin | Feb 27, 2024 | Alabama, Child Support, Children, Divorce, Family Law, Mobile

How to get divorced with kids involved in Mobile, AL in 2024

When people are considering divorce and they have a family, one of the most common questions we hear is how to get divorced with kids involved.

Unfortunately getting divorced is often a difficult experience for all family members, which often includes the children of the marriage.

However, there are ways to lessen the involvement and limit the trauma experienced by children due to the divorce.

Children are technically not parties to divorce proceedings; however, custody, visitation for the non-custodial parent, and child support are all matters covered in divorce. Therefore children’s involvement and their knowledge of the same must be taken into account by the divorcing parties.

Undoubtedly, the best course of action is to not involve children in their parents’ divorce. As divorce is an adult matter, unnecessarily involving minor children in the process can have harmful effects on minor children. The children are more than likely not equipped with the ability to understand the divorce and how they as children are involved.

Children’s well-being should be prioritized during this often difficult transition and professional help, including therapy, utilized if needed.

Because the parties will ultimately be divorced from one another either through an agreement or through the ultimate trial, children must have the tools that they need to cope and be successful with their parents’ new custody and visitation arrangement as ordered by the Court.

In some cases, there can be another layer of complexity involved, necessitating the appointment of a Guardian Ad Litem to represent the children’s best interests in the divorce case.

Guardian Ad Litems can help advocate for the minor children’s best interests, examine the evidence presented in the case, cross-examine witnesses, and give a recommendation to the Court regarding custody and visitation.

The Court can appoint a Guardian Ad Litem at their discretion when requested by either party. However, the involvement of a Guardian Ad Litem is not always necessary and is more common when there are allegations of abuse, drug use, criminal activity, and other concerns present.

When parents are divorcing, it is important to remember that more than likely both adults will have a role to play in the children’s lives post-divorce until the children become adults and reach the age of majority (19 years old), whether that be having custody or regular visitation with the children.

Therefore, a level of civility is necessary to continually co-parent children, attend school/extracurricular functions together for the children, jointly participate in the children’s medical care, and communicate effectively with the other parent.

Divorce can be a great opportunity for both parties to start anew and utilize efficient and practical co-parenting skills to best promote their minor children’s best interests and position them for success.

Children should be allowed to be children and not feel responsible for their parent’s divorce or be forced to be a part of the legal proceedings.

Working together to successfully co-parent the minor children is in everyone’s best interest and helps ensure that the focus remains on the minor children.

Author: Walter Gewin

Attorney Walter Gewin is a native of Mobile, Alabama. After graduation from law school, Walter clerked for Circuit Court Judge John Lockett before pursuing a career in the private practice of law. Initially, practicing a wide variety of law; Walter’s practice has become more focused on family law, including juvenile, probate, and domestic relations matters. Walter also currently serves as a certified Guardian Ad Litem in Dependency, Delinquency, and Domestic Relations matters.

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Divorce Cost: How Much Does It Really Cost?

by Walter Gewin | Jan 9, 2024 | Divorce, Family Law, Finances, Mobile

Divorce Cost: How Much Does It Really Cost?

A very common question we get asked is how much does divorce cost? While no one enters into marriage anticipating getting divorced, when a marriage is not sustainable, divorce can be the answer and the beginning of your new life. Of course, as with anything in life, divorce is not free.

However, there are ways to plan and choose the path that is most well-suited for your situation, needs, and budget.

Understanding the Price Tag: How Much Does a Divorce Cost?

Divorce is not “one size fits all” and the price of a divorce varies based on the facts. More complicated assets, finances, child custody, and fault allegations make divorces more complicated and often more expensive. Divorces with limited assets, more simple finances, and without child custody are often less expensive.

However, every divorce is different and the parties are the ones that often determine how much a divorce will cost. Pretrial hearings subpoenaed records, discovery, and the filing of motions and pleadings can cause divorce litigation to be more and more expensive.

The facts of the case are going to dictate the necessity of increased litigation expenses or the ability to avoid the same.

Affordable Options: Exploring the Cost of a Simple Uncontested Divorce

The cheapest option for divorce is an uncontested divorce. This requires the parties to have an agreement and be agreeable to the terms of their divorce.

Upon an agreement being written up, it is signed and notarized by both parties and then filed with the Court along with any other necessary documents required by the clerk’s office.

Uncontested divorces require the parties to agree to all the terms of their divorce. Any disagreement as to the terms therein can prevent an uncontested divorce from being filed and leave the parties no closer to getting divorced.

In addition to facilitating uncontested divorce agreements, Herlihy Family Law, PC also offers the option for people to purchase an uncontested divorce package for $500 and fill out the necessary paperwork included in the package themselves using the detailed instructions included with them.

This can be a great option for parties that have had a short marriage, have few assets, and have limited finances. However, yet again if there is not an agreement the parties remain married and without a pending divorce case and eventual trial date.

The Role of Lawyers: How Much Does a Divorce Lawyer Cost?

Most divorce attorneys either charge based on an hourly rate or have some sort of flat fee structure. Hourly billing is more common in family law as the time involved in a divorce or custody case can vary greatly from case to case, and flat fee structures often do not accommodate for complex and cases requiring heavy time commitments.

Costs of divorces billed by the hour will vary based on the amount of time required in the case, the number of hearings necessary, and amount of filings and documents involved.

Also, sometimes flat fee structures will either be high or low based on the complexity and attorney involvement needed in a divorce case.

Retaining the services of an attorney is going to allow for the highest level of guidance and attentive legal advice through your divorce; however this involvement is going to be more expensive than pursuing an uncontested divorce, but often unavoidable when a contentious divorce is at hand.

Filing for Divorce: Examining Additional Expenses Involved

In addition to legal expenses for attorneys, court filings, subpoenas, document production, and other expenses related to filing your contested divorce or uncontested divorce, there are other expenses that are involved when getting divorced. Parties’ normal household and marital expenses must continue to be paid pending divorce.

Additionally, if one person decides to move out pending divorce, those are additional costs a party may choose to incur based on circumstances.

Depending on how long it takes the parties to divorce, these status quo expenses could have to be upheld for quite some time before the parties receive their Judgment of Divorce.

Budgeting for Divorce

While it is hard to budget for divorce, knowing the many expenses involved, the timeline possible, and the options can make the process easier to prepare for.

Most people enter their marriage never expecting to get divorced, but it becomes necessary for many married people and affords individuals a new beginning.

Author: Walter Gewin

Attorney Walter Gewin is a native of Mobile, Alabama. After graduation from law school, Walter clerked for Circuit Court Judge John Lockett before pursuing a career in the private practice of law. Initially, practicing a wide variety of law; Walter’s practice has become more focused on family law, including juvenile, probate, and domestic relations matters. Walter also currently serves as a certified Guardian Ad Litem in Dependency, Delinquency, and Domestic Relations matters.

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How to get divorced without going to court in Mobile, Alabama

by Walter Gewin | Nov 7, 2023 | Alabama, Divorce, Family Law, Mobile

How to get divorced without going to court in Mobile, Alabama

After married couples decide that staying married is no longer desirable, many often wonder how to get divorced without going to court in Mobile, AL.

The answer is yes. It is possible in Alabama to get divorced without ever stepping foot in a courtroom.

However, whether it is practicable in your unique situation depends.

When filing an uncontested divorce, both parties must be in complete agreement upon the terms of their divorce. If one married individual hires an attorney to draft uncontested divorce papers, that attorney can only represent one of the married people.

The other spouse would either be without an attorney or would need to hire their own counsel. Sometimes spouses are mistaken and/or hopeful that they have an agreement but in actuality, they do not.

After an agreement is drafted dividing up the marital assets, debts, financial accounts, real estate, and designating the terms of child custody, visitation, and child support if applicable, the parties would both sign the agreement and have the same notarized.

Other forms and filing fees are also required by the court in certain situations. The failure to have all the necessary forms filed with your agreement could result in a judge refusing to issue the judgment of divorce in your case, thereby requiring you to actually go to a court hearing and costing yourself and your spouse time, money, and days off of work.

This misfiling can also further delay your desire to be divorced and move on with your life.

When divorcing with minor children, child support forms are required to be filed along with the agreement. The judge is required to follow the child support guidelines as provided for in Rule 32 of the Alabama Rules of Judicial Administration unless he accepts that following the guidelines would be unjust or inappropriate.

Child support under the Rule 32 guidelines is a formula that takes into account both parties’ gross monthly incomes, monies spent on providing health-care coverage for the minor child(ren), and money paid by either party for work-related child-care costs.

The State of Alabama issued a Schedule of Basic Child-Support Obligations in January 2022 delineating the basic child support obligation based upon the number of minor children the parties have and the amount of the parties’ combined adjusted gross incomes.

The State of Alabama published new child support guidelines effective May 1, 2022 for situations where one parent has custody and the other visitation and also published new child support guidelines regarding joint physical custody effective June 1, 2023.

The court has to have jurisdiction over the parties, there has to be an answer from the defendant, testimony of the plaintiff, sworn affidavits of income and child support forms, and a proposed order.

Any failure to have the necessary documents could result in the Judge refusing to grant a divorce to the parties. The court is not allowed to give legal advice, therefore they cannot tell parties what was misfiled, not filed, or what needs to be corrected.

Once filed, an uncontested divorce must sit for 30 days before a judge can issue the judgment of divorce. If an agreement is filed in a previously filed contested divorce, the judge can enter the judgment of divorce at any time.

The easiest way to ensure a successful agreement and give you the best chance of getting divorced without going to court is by hiring a competent attorney(s) who will help you avoid the many mistakes and pitfalls that many often make when divorcing.

At Herlihy Family Law, we can advise you every step of the way to help you try and avoid the courtroom if that is your desire.

Author: Walter Gewin

Attorney Walter Gewin is a native of Mobile, Alabama. After graduation from law school, Walter clerked for Circuit Court Judge John Lockett before pursuing a career in the private practice of law. Initially, practicing a wide variety of law; Walter’s practice has become more focused on family law, including juvenile, probate, and domestic relations matters. Walter also currently serves as a certified Guardian Ad Litem in Dependency, Delinquency, and Domestic Relations matters.

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What is divorce mediation?

by Walter Gewin | Sep 8, 2023 | Divorce

What is divorce mediation?

Are you wondering what is divorce mediation? When married individuals have a pending divorce, parties will often attempt mediation during their divorce proceedings. The divorce mediation process presents an opportunity for parties in a divorce to use a third party to assist in the negotiation of a settlement agreement.

Settling a case can save a lot of money and time while allowing the participants to be a part of crafting their own agreement. Parties can either mutually agree to mediate their divorce case and agree upon a mediator to use, or the judge can order mediation and appoint a mediator prior to setting the case for trial.

In fact, some judges require parties requesting a special setting for long and contentious divorces to attempt mediation before allowing the case to get a full-day case setting on their trial docket.

Once mediation is either ordered or agreed upon by the parties, the agreed-upon divorce mediator will schedule the mediation according to the parties’ and attorneys’ schedules and set a date. Most mediators charge by the hour and have a minimum amount of hours that must be prepaid.

The divorce mediation cost is usually either split between the parties or ordered to be paid by one party, depending on the circumstances. When it is time for mediation, the Plaintiff and Defendant will go to the mediator’s office at their designated times and meet with their attorneys. The times are often offset so the parties never actually have to see each other that day.

The parties are also placed in separate rooms with their attorneys; both parties and their attorneys do not all sit in the same room at a long conference table like in many movies.

The divorce mediator will speak to the parties separately explain the mediation procedure and answer questions. The mediator will go back and forth between the parties and their attorneys delivering offers and counteroffers.

In divorce mediation, the mediator is usually going to be a practicing attorney who is familiar with family law. The mediator is able to use their own knowledge of the law to help guide the mediation and can help give unbiased third-party opinions to both sides of the case regarding what is likely to happen in the event that the parties fail to make an agreement and proceed to trial.

They can relay information they are told to deliver to the other side and will keep other information private if told not to share.

The Plaintiff will make the first offer, as they are the ones that brought the divorce action. The Plaintiff and his/her attorney will convey their settlement offer to the mediator and the mediator will then take that offer to the defendant and his/her attorney.

The Defendant and his/her attorney will discuss the offer extended by the Plaintiff and either accept the offer or formulate a counteroffer for the mediator to take back to the opposing party.

The negotiations will continue until either an agreement is finalized or the parties reach an impasse and continued negotiations would be unsuccessful.

In the event an agreement is reached, the parties will both sign the agreement, accompanying documents, and child support documents if applicable. The agreement will soon after be filed with the Court and submitted to the judge.

Assuming the agreement is accepted by the judge, then a Judgment of Divorce (JOD) will be issued by the judge and the agreement will be incorporated in the final decree and then the parties will be divorced. Settling a divorce at mediation will often allow a married couple to get divorced more quickly than a contested trial would allow due to judges’ busy trial dockets.

The settlement also has the ability to save the parties money on their legal fees. Continued trial preparation, subpoenas, pretrial hearings, depositions, and hourly retainer agreements can get expensive but sometimes said expenses are unavoidable when parties do not agree.

In the event that an agreement is not reached and mediation is unsuccessful, the parties will be left in the same position they were in prior to mediation and can continue preparing for trial.

Mediation is confidential and settlement negotiations are inadmissible at trial, therefore neither party needs to worry that unsuccessful negotiations and offers extended but not accepted will come back to hurt their case.

Thus further allowing the parties, attorneys, and mediators to speak freely and attempt to find common ground that might allow for settlement and the resolution of a divorce case. Hopefully, this gives you a better idea of what is divorce mediation and the process.

Author: Walter Gewin

Attorney Walter Gewin is a native of Mobile, Alabama. After graduation from law school, Walter clerked for Circuit Court Judge John Lockett before pursuing a career in the private practice of law. Initially, practicing a wide variety of law; Walter’s practice has become more focused on family law, including juvenile, probate, and domestic relations matters. Walter also currently serves as a certified Guardian Ad Litem in Dependency, Delinquency, and Domestic Relations matters.

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