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Delk & Tomlinson Law | Family Law for Men Montgomery AL

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By delktomli48103527, Nov 18 2016 09:35PM

We want to give you an idea of what to expect during the litigation process. Litigation can be confusing, time consuming, and a miserable process in general. However, in this case, knowledge of the process can sometimes alleviate some of the stress. Consider the following as a general timeline of what you can expect:

• Within a week of retaining: We will begin work on your case. Usually, this means drafting documents on your behalf. Once the paperwork has been drafted, you will be called to the office to sign them.

• Within a month of retaining: Generally, if you are responding to a complaint, we only have thirty days to respond, so we will have filed your answer. We will also file “Discovery” in certain cases. Discovery is simply one party asking the other party questions that they must answer.

• Within three months of retaining: If there are temporary issues in your case, we will file a motion with the Court asking for temporary relief.

• Within six months of retaining: (Hopefully sooner!) Depending on the county, we will hopefully have a final hearing at this point. Again, the timing for a final hearing is almost COMPLETELY county and even judge specific. It also depends on how complicated your case is. Things like children, businesses, and retirement could extend the time necessary to adequately prepare for a case.

Individual judges have control over their dockets, and over scheduling hearings. There are over 50 Circuit Court Judges in the State of Alabama who hear family law matters. This means there are over 50 different dockets, and over 50 different ways of doing things. What could take two months in a rural county could take six months in a busy circuit. There are also issues like settlement and mediation that will fall somewhere in the midst of all of these things.

We know waiting can be frustrating. We strive to keep in regular contact with our clients regarding their status. Please feel free to call us if you have any questions, or if you’d like to schedule a consultation.

By delktomli48103527, Sep 21 2016 09:00PM

When facing a custody battle, most men may feel that they are at a disadvantage when it comes to obtaining custody of their children. While no two cases are the same, we have listed a few helpful tips that can assist you in putting your best foot forward.


Do everything you can to keep your children out of it.


Although it may be important to discuss your ongoing divorce with your children, it is not necessary for them to know every single detail pertaining to your case. You should do everything within your power to isolate your children from any emotional strain and protect them as much as possible. You never want to make your children feel as if they have to choose between mommy or daddy. Do not ask your children which parent then wish to live with post divorce. This can be very awkward and stressful for your children. The family court judges will not look favorably upon a parent who appears to be pressuring the child to pick sides.


Stay involved in the day to day lives of your children as much as possible.


During a hearing regarding custody, the court is going to want to see that you are an active part of your child’s life. This means that you should be attending school events, extra-curricular activities, doctor’s appointments, parent-teacher conferences, recitals and all other important activities that your children engage in. If you are not being made aware of these activities by your wife, call the school for a calendar, call the doctor’s office directly, do everything that you can to stay involved. Don’t wait until a month before court to start getting involved. As a parent, you should already be partaking in these activities as much as possible.


Try to limit your social media.


We have seen time after time cases where social media can make or break a case. Do your best to limit, if not delete, any and all social media sites until your divorce and/or custody issues have been resolved. The last thing you need is some silly post you’ve made to be taken out of context during your case that paints you in a negative or disfavoring light.

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Filed under: Child Custody, Tips for Fathers


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