Huntsville, AL Attorney Guides Same-Sex Couples through Divorce
Strong advocate for you in your Huntsville divorce
If you are in a same-sex marriage and wish to get a divorce in Alabama, you face a series of challenges. First, you must convince a court to grant a same-sex divorce. Then you must go through the emotional and often contentious legal proceedings. The firm of Sree B. Ravi, P.C., Attorney at Law is committed to fighting for your right to get a divorce. Once this hurdle is overcome, we will represent you tenaciously, fighting to make sure you get what you deserve in the settlement.
Understanding the history of same-sex marriage and divorce in Alabama
The fight for marriage equality has taken a long and winding road in Alabama. Same-sex marriage was banned in the state by an executive order in 1996. In 1998, state legislation banned recognition of same-sex marriages performed in other states. In 2006, an amendment to the state’s constitution explicitly banned same-sex marriages and same-sex unions. However, a series of cases have resulted in a federal judge allowing same-sex marriage in Alabama. Unfortunately, that decision is on hold until the Supreme Court rules on another same-sex marriage case.
Federal rulings allow for same-sex divorces in the state, while Alabama’s Supreme Court has ordered same-sex marriage not be recognized in the state. This means the law is currently unclear. Luckily, some judges in Alabama have begun to allow same-sex couples to end their marriages.
At our firm, we stay up-to-date on this constantly shifting issue and will gladly explain how the latest legal rulings affect you. If you were married in another state and seek a divorce in Alabama, you should have that right. If a judge does not cooperate, our firm is willing to enter into a legal battle to exert your rights.
How does the divorce process work in Alabama?
Once our firm has convinced a court that you are entitled to the right to end your marriage, Alabama’s divorce process must still be complied with. This process is the same for all couples, regardless of same-sex status. Alabama divorces are only granted when there has been wrongdoing by one of the spouses, although the term “wrongdoing” has a very broad description in this context. Our firm will work hard to prove this wrongdoing, whether it was adultery, violence, separation or irreconcilable differences.
Same-sex couples follow the same procedure as other couples wishing to end their marriage. Depending on who initiates the process, you will need to either file for divorce or file an answer if you have been served with divorce papers. The judge will then divide the marital property and possibly order alimony payments. An experienced family law attorney will help protect your assets during this process. Whether your divorce is contested, uncontested or no-fault, our firm will give you the information and resources you need to make sure your rights are protected.
Contact a Huntsville family law firm dedicated to protecting your best interests
Divorce is a challenging and intensely personal process. The process is further complicated in Alabama because you may have to fight for the right to have your marriage recognized for the purpose of ending it. Choosing the right lawyer is key to ensuring that the process goes smoothly. At Sree B. Ravi, P.C., Attorney at Law, we offer free initial consultations at our Huntsville office location. Contact us online or call us at 256-937-1540 today to discuss your case.