Divorce in Alabama is an adversarial process. In other words, you cannot agree to get a divorce in Alabama. However, even though you cannot agree to get the divorce, you can agree on the terms of any divorce settlement.
Related to the adversarial process, both parties cannot be represented by the same attorney. The attorney can only
represent one party to a divorce action, not both. Normally, the party who calls the attorney first is his/her client
and the attorney must tell the unrepresented party that (1) he/she is the attorney for his/her client only, (2) he/she
does not and cannot represent the unrepresented party, (3) said attorney will use his/her best efforts to protect
his/her own clients best interest, (4) the unrepresented party has the right to employ counsel of his/her own choice
and (5) it may be in the unrepresented party's best interest to employ his/her own attorney.If you are not told
the above, watch out.
During the divorce process which at times may be lengthy, one party may need temporary relief. This type of relief
may include temporary: (1) allimony; (2) spousal support; (3) child support; (4) child custody; (5) restricted visitation;
(7) protection from abuse; (8) exclusive use of the home place; (9) injunction to prevent the disposal or hiding of assets;
and many other forms of temporary relief.
Nothing is automatic in the divorce process. You must petition the trial court for what you want or need.
No one will look after your best interest other than you, or your attorney. Your spouse's attorney is not your
advocate. The divorce judge is not your advocate. If you, or your attorney do not look after your best interest,
no one else will.