Hawkins, Lana K, JD

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Hawkins, Lana K, JD

Divorce
Located in Guntersville, Huntsville, and Arab, Alabama, The Hawkins Law Firm engages in litigation in all of our major practice areas, including contested divorces in family law litigation, probate litigation, and business litigation. Below are answers to the most frequently asked questions we encounter in our litigation practice. If you have other questions or require professional advice and representation in a particular matter, please contact The Hawkins Law Firm.

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Phone: (256) 582-4769

Address: 2316 Taylor St, Guntersville, AL 35976

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Hawkins, Lana K, JD

Divorce
Located in Guntersville, Huntsville, and Arab, Alabama, The Hawkins Law Firm engages in litigation in all of our major practice areas, including contested divorces in family law litigation, probate litigation, and business litigation. Below are answers to the most frequently asked questions we encounter in our litigation practice. If you have other questions or require professional advice and representation in a particular matter, please contact The Hawkins Law Firm.
Child Support
Child support is usually paid to the custodial parent by the non-custodial parent for the support and maintenance of their children.Â Child supportÂ awards are governed by Rule 32 of the Alabama Rules of Judicial Administration, and are calculated pursuant to the Alabama State Child Support Guidelines incorporated in Rule 32, unless the parties demonstrate a basis for deviating from the guidelines. Absent a deviation, child support will be determined based upon the combined incomes of the parties.
Child Custody and Visitation
Our family law practice includes the representation of parents and grandparents in custody and visitation matters. Recently, the Alabama Supreme Court struck down all grandparent visitation statutes as unconstitutional. The following information is based upon the prior statutes. It is expected that legislation will soon be proposed that will again provide grandparent visitation in limited situations. Grandparents visitation rights in the state of Alabama will depend upon the best interests of the child.
Adoption
Over half the adoptions that take place in the United States each year are stepparent adoptions. Stepparent adoptions can enhance life-long family bonds and provide additional permanency and stability to a childâ€™s life. The legal process for adopting a stepchild is streamlined version of the process for independent and agency adoptions. The stepparent files a petition, documents are submitted to the court indicating that the birth parent has consented, that consent is not required, or that parental rights have been terminated, and the court process proceeds.
Paternity
Unless there are fitness or other issues restricting visitation or custodial rights, establishing paternity typically allows the biological father to step into the shoes of a divorced father.Â In some cases, paternity is uncontested and can be established by signing an Affidavit of Paternity. It is important to consult with an attorney in order to fully understand the obligations granted by signing the Affidavit of Paternity.
Premarital Agreement
If there is a family business, the agreement may be the best way to safeguard family interests in the business.Â Without a prenuptial agreement, the business, though started and owned by one spouse, may be divided depending on the length of the marriage and the spouse’s contribution to the business.With a prenuptial agreement, the business interest of one party can be preserved, overriding Alabamaâ€™s equitable distribution laws. The business interest should be properly valued at the time the agreement is entered into. There are a number of methods that may be used, but an appraisal is generally required.
Guardianship
Similarly, if you cannot express your wishes regarding your medical treatment or welfare, the court may appoint a guardianÂ for you. By planning ahead, you can avoid the need for a costly and cumbersome conservatorship and/or guardianship proceeding, and you can specify the individuals you feel are best qualified to make financial and medical decisions for you.
Spousal Support
The best way to ensure that your interests are protected in the event of a divorce is to implement a prenuptial agreement prior to the marriage.Â If executed after the marriage, a post-nuptial agreement provides the same protection.Â Both are fully enforceable if properly drafted in such a way that they do not violate public policy. For a prenuptial agreement to be valid, there must be full disclosure of all assets. The agreement can be the best way to protect non-marital property owned by either spouse prior to the marriage, to dictate how â€œafter-acquiredâ€ property should be distributed, and to protect the rights of children from a previous marriage.Â A prenuptial agreement can also address spousal maintenance and alimony.

Criminal Defense
The complexity of a family law case increases dramatically when it involves criminal law issues. There is no better example than that illustrated by simultaneous proceedings. Many times in the context of divorce, custody or juvenile dependency cases that are pending in civil court, parties become embroiled in criminal cases involving domestic violence and other alleged crimes. When both civil and criminal matters with related issues, parties and witnesses are involved, constitutional concerns are heightened.
Assault
If you are facing both criminal charges and dealing with a difficult family law matter, the criminal defense attorneys at The Hawkins Law Firm can help. Having the same attorney involved in both cases provides reassurance that both cases will be handled with the experience that ensures a winning strategy. The Hawkins Law Firm is well equipped to represent you in both your family law and criminal defense matters, including domestic assault issues, protection from abuse orders, untrue allegations of sexual abuse that often arise in the family law context and other criminal matters.
Restraining Order
Domestic violence is an unfortunate reality in a growing number of families. If you, your children or other family members are at risk because your spouse or someone you are dating is emotionally or physically abusive, it might be necessary to file a petition for a restraining order in order to avail yourself of the courtâ€™s protection. It is important to remember that restraining orders can impact the outcome of a divorce judgment or settlement. We represent clients who need protection in the form of a restraining order. We also represent clients in challenging restraining orders when they believe they have been wrongfully accused or have a valid defense.

Business and Corporate Law

Corporate Law
With years of experience in corporate law, we can advise you on the pros and cons of the different entities that are available and help you to select the entity that is most likely to help you reach your business goals. We can help you to establish any of the following Alabama entities...
Mergers and Acquisitions
The Hawkins Law Firm provides legal advice and assistance in business and corporate transactions to companies throughout Alabama. Our transactional practice includes Mergers & Acquisitions, Public Offerings, Securities Law, Venture Capital, Debt Finance, and Equity Compensation.
Business Formation
With experience in the corporate world from Silicon Valley to Washington, D.C., our firm is equipped to address matters involving equity pricing, taxation, and virtually any issue you may have. Whether you are an entrepreneur just starting out in business or part of an established company looking to expand operations,Â contact a business formation attorney from The Hawkins Law FirmÂ for advice, counsel, and professional representation with your entity formation, start-up, and other business law needs.
Business Disputes
Contracts appear in almost every facet of business operations. Given their frequent and widespread use, it is inevitable that contract disputes will arise from time to time, sometimes requiring litigation to reach an effective resolution. An experienced business attorney can make sure that your rights are protected in court and not waived or lost due to lack of familiarity with statutory timelines or litigation strategies.
Business Transactions
It takes an attorney experienced in complex commercial transactions to conduct adequate due diligence to protect the client from unforeseen complications. Our firm has the background to successfully negotiate, draft, and review all documents needed to complete commercial property transactions.
Limited Liability Companies
A. There are many different corporate forms available under Alabama law, such as corporations, partnerships, and limited liability companies. Generally speaking, the main advantage of a corporation is that its officers are shielded from personal liability for debts incurred by the corporation. However, corporate officers may be subject to double taxation as both corporate taxes and personal income taxes reduce their personal profits. Partnerships offer a more simplified and advantageous tax structure, but with personal exposure from the business. The limited liability company can be viewed as a hybrid of the two, offering the tax advantages of a partnership along with the liability protection of a corporation.
Trade Secrets
Unfair Competition
While most disputes are contract-based, there is also a large class of business torts where litigation may be required to address a wrong committed by a competitor, vendor, or other party. Common business torts include fraud, misrepresentation, copyright and trademark infringement, unfair competition, or unfair business practices. Regardless of the cause of the dispute, an experienced commercial litigation attorney is essential to obtaining a swift and favorable resolution.

Employment Contract
Alabama is an employment at-will state, meaning that employers may terminate an employee at any time for any reason, as long as it is not an unlawful reason, such as illegal discrimination in violation of Title VII and other federal laws. This right can also be restricted by the terms of an employment contract or related agreements that provide protections to the employee.
Non-compete Agreement
Alabama’s law on the books does little to clarify the matter. It includes language that both prohibits and allows non-compete covenants, regarding both employer-employee relationships and partnership arrangements. This law has been litigated in the Alabama courts, but the various court decisions don’t do much to provide clear guidance to people wishing to make such covenants. It is clear from the statute that any covenant should be limited in geographic scope, such as limiting the application of the non-compete clause to a specified county or city where the primary business was taking place. According to the case law, a reasonable non-compete clause should be limited in time as well, such as one to three years as opposed to an infinite duration.
Severance Agreement
Sexual Harassment

Real Estate Litigation
Regardless of whether you are buying, selling, developing or investing, commercial real estate transactions involve a significant amount of time, money, and effort. Any dispute should be resolved as swiftly as possible, keeping in mind the value of your interests. Whether the litigation involves a breach of contract or specific performance in a conveyance or construction matter, or boundary and property rights matter, our office works to ensure that your goals are achieved and your interests protected. We deal with all manner of land disputes, including property line and boundary disputes, access issues, easements, covenants, nuisances, encroachments, and landlord-tenant matters.
Real Estate Transactions
We can help ensure that your real estate transaction runs smoothly and efficiently, with your rights and your interests protected throughout the process. For advice or representation in a commercial property transaction or litigation matter, contact a property attorney at The Hawkins Law Firm.
Easement
Landlord-Tenant Disputes

Personal Injury
In a Special Needs Trust, distributions are made only to supplement, not replace, the benefits being received. Distributions made by the trustee are discretionary, not mandatory, and are therefore not considered disqualifying under most programs. Special Needs Trusts can be used to receive funds from a personal injury litigation matter on behalf of a disabled person without disqualifying the injured person from Medicaid benefits. Special Needs Trusts can also be used to provide post-minority support for educational purposes to persons who have reached the age of majority (age 19) or to provide support for a mentally or physically disabled child.

Trusts and Estates

Estate Planning
At The Hawkins Law Firm, with offices in Guntersville,Â Huntsville, and Arab Alabama, we have found that early estate planning allows us to assist you best with your specific estate planning needs. We provide guidance in determining the legal documents that are necessary to achieve your goals and develop those documents according to an overall strategy for a comprehensive estate plan.
Wills
For some, simple wills combined with powers of attorney and medical directives will suffice. In other cases, testamentary trusts, revocable trusts or other more specialized trusts should be considered, depending on your specific needs. Your estate plan should also be reviewed and possibly revised periodically to addresses life changes such as marriages, births, divorces, deaths, inheritance, changes in business ownership and retirement.
Trusts
A living trust is a document which you create during your lifetime which allows you to specify who will manage the assets of the trust (the â€œsuccessor trusteeâ€ ) and who will receive the assets of the trust (the trust â€œbeneficiariesâ€ ) after your death. During your lifetime, you are typically named as both the trustee and the beneficiary of the trust, ensuring that you still have complete use and control over your assets. As the name implies, you can revoke the trust or make changes to the provisions of the trust during your lifetime.
Power of Attorney
A Power of Attorney is a document that allows you (the “principal”) to appoint a representative (“agent” or “attorney-in-fact”) to make certain financial decisions and conduct certain transactions on your behalf. A power of attorney can authorize an agent to handle ongoing financial needs or specific tasks, such as signing a document in your absence. Some examples of these tasks may include...
Probate
Probate law, trust and estate litigation matters are particularly contentious and emotionally-charged, particularly when the dispute involves family members. The grief suffered over the recent loss of a loved one often creates tension among family members, and this tension can give rise to misdirected anger and ultimately a lawsuit. Long-dormant family disputes may resurface after the death of a family member, triggering intra-family conflict. Experienced litigators know that many probate law, trust and estate disputes are actually disputes over family relationships as much as they are disputes over property.

Bankruptcy
Tax Law
We are experienced in matters involving valuation of business property, real property, the tax law implications of divorce, and the equitable division of securities, pensions, and stock options. We look beyond the divorce to assist our clients with long-term financial planning that will likely be impacted by divorce. We will help determine if you have access to your spouse’s employment and military pensions.

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