Ending a marriage is never an easy decision, even when you know there’s no saving it. The process of divorce can be incredibly overwhelming, especially for women, as they may not be aware of what they’re entitled to and their legal rights.
It does not matter if he lied or cheated, or if he was a good man that you fell out of love with somewhere along the way. When it comes to divorce in Alabama, you should be informed about what the law says to ensure your rights are upheld. Read on to discover your entitlements under the laws in this state.
During divorce proceedings, the division of property in Alabama follows the principle of equitable distribution. As such, any assets that were acquired during your marriage, known as marital property, are divided based on what the court deems fair. Often, this does not mean everything is split 50-50. The home you purchased together, your vehicles, retirement accounts, and personal belongings you obtained while married will be split between you both by the courts.
Any assets you had prior to getting married or gained through inheritance are considered separate property. These items are usually not divided in a divorce, and if you have any assets in this category, you will get to keep them.
The longer the union, the more likely the assets will be divided on a more equal scale. Earning potential and financial contributions also play a role. Other factors such as the standard of living established during the marriage, financial earnings potential, and even conduct of each spouse could be a tipping point.
Women who stayed home with the children to raise them and attend to the house shouldn’t be left with nothing. Documenting financial contributions and providing evidence of any separate property can make a big impact on the court’s decision.
Women getting divorces in Alabama should also know about the different types of alimony. Periodic alimony means that you will receive regular payments for a specified time period, or until you remarry. Rehabilitative alimony provides support to a spouse while they further their education or undergo training for a career to eventually support themselves. Temporary alimony is provided during the divorce to help uphold your standard of living until the divorce becomes finalized. It is also possible to receive alimony in gross, or a lump sum that is intended to cover the entire alimony award all at once.
The purpose of alimony is to ensure that the recipient of it needs support. The courts will consider your income if you work, property, and your earning potential. In other words, it should help you maintain a reasonable standard of living when the divorce is final without putting your ex-husband in a position of financial hardship.
When a marriage with children ends, the courts put their focus on the best interests of the kids. Joint custody may be awarded where you both share the responsibilities, or one of you may have sole custody.
The courts will examine the relationship your children have with you and your ex, and any adjustments needed for home, school, and the community. Stability is of great importance in this decision, though certain concerns may adjust the outcome.
The courts will consider the ability of each parent to provide a stable and supportive environment for the children. If the children are old enough, their wishes may also be considered in the evaluation. While women are most often awarded custody, you should not assume you will receive full custody of your kids. You’ll need to show your involvement in your children’s lives and that you are capable of providing a nurturing environment in which they can thrive.
When issuing child support, Alabama will look at the income of both parents, the number of kids, and any other factors that could be relevant in your specific case. It is advised that you work with your divorce attorney in Huntsville, AL. Courts may throw a curveball in your direction and try to give you less than you need to fully provide for your children if you do not provide proper proof.
The courts consider all wages and sources of income and weigh those against any medical costs, childcare needs, and expenses related to education. That is why having accurate financial documentation is a must if you want fair child support.
In some cases, a marriage ends because both parties agree to it. You and your spouse may both decide things aren’t working out and end it on an amicable note. You might work together to be cordial and display positivity in front of your children.
However, not every marriage ends maturely. Some turn into contentious legal battles, and things can get messy. No matter what type of divorce you are having – contested or uncontested – having a divorce attorney advocate for you is in your best interests.
It requires legal steps to dissolve the contract that was established in happier times. Even if you both agree to work together for the sake of your shared children, you may have acquired wealth during your marital union. It is wise to protect your fair share to allow yourself a stronger start in your future.
A divorce lawyer will guide you through the legal process while explaining your rights and obligations under state law. Your attorney can help negotiate settlements and be there with you in court to present evidence that supports your claims.
Your spouse may try to convince you that you can work together without lawyers intervening, but with a legal representative, you can be sure that things are done right. Since most divorce attorneys will provide a free initial consultation, it is wise to learn more about how Alabama’s divorce laws could potentially affect the outcome of your case.
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