When is a divorce final in alabama
When a spouse is in the military, they have certain protections afforded to them by the Servicemembers Civil Relief Act. This allows them to postpone the divorce while they are overseas or otherwise not able to adequately respond to the petition due to military service commitments. A service member may choose to waive delaying the divorce by signing off on paperwork which will then allow the divorce to proceed uncontested. A key element is that the former spouse must have been married to the former servicemember for a minimum of 10 years while the military member has served on active duty.
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State Overview State Resources. Overview of Divorce Laws in Alabama Here are some of the important legal issues that are common to most divorces in Alabama.
Courts will use a number of factors to determine what is fair and equitable. Debts Debts in Alabama are treated just like assets in a divorce. Gifts and Inherited Property When one spouse receives a gift or inheritance in Alabama, it is considered separate property and not subject to equitable distribution.
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Pensions, IRAs, Ks and Retirement Plans In Alabama, pensions and retirement accounts are considered marital property and subject to equitable distribution laws. Separate Property In Alabama, property accumulated during a marriage belongs to both spouses and is considered marital property.
How Long Is the Divorce Process in Alabama? | LegalZoom Legal Info
The needs and standard of living of each spouse Age, physical and emotional health of both spouses Existing debts and assets Child custody arrangements and whether or not the primary care spouse can hold a job while taking care of the children Tax consequences due the division of assets for each spouse Any agreements that are in place between the spouses Temporary support may be granted before a final settlement has been reached. Child Support in Alabama Like all other states, Alabama recognizes that both parents must provide for the well-being of any children, whether they are married or not.
Some of those circumstances might include: There are shared custody or extensive visitation rights with your children that are beyond the norm. One parent is burdened by a substantial cost for transportation related to visitation. College education expenses are incurred before the child reaches One or more children earn, receive, or inherit substantial income or assets.
Other extenuating circumstances that the courts deem in the best interests of the child. Child Custody and Visitation Child Custody in Alabama Just as it is all other states, custody and visitation issues in Alabama are driven by what is in the best interests of children in a divorce. Each custody case is different and as such, each of the following factors may be weighted differently depending on the particular facts of a case: The sex and age of the children The characteristics and needs of the children, including their emotional, social, moral, material, and educational needs.
The home environments of each party. The interpersonal relationship between each child and the interpersonal relationships between the children and the parents. The effect on the child of disturbing for disrupting or continuing in existing custodial situation. The preference of the child if they are old enough and mature enough to provide input. Reports or recommendations from expert witnesses for independent investigators.
Any other factor or relevant evidence that may be presented by the parties that has a bearing on a determination of the best interest of the child. Substance Abuse Substance abuse can be cited as a fault-based ground for divorce in Alabama. Divorce Process Bifurcation of marital status Bifurcation of marital status in Alabama means that both parties can legally divide their divorce into two stages.
Financial Disclosures In Alabama, each spouse must disclose to the other the amount and type of assets they have so that there can be an equitable division of those assets as part of the final divorce decree. Law enforcement treats domestic violence with a high degree of concern. Health Insurance Some divorce settlements in Alabama may include one spouse continuing to provide health insurance for the other spouse, especially when one spouse has been a home maker during the marriage.
Infidelity and Adultery Infidelity and adultery occur when a spouse has sex voluntarily with someone other than their spouse while they are still married. Military Divorces in Alabama If you or your spouse are in the military either you or your spouse must reside or be stationed in Alabama. Looking for more advice about divorce? Alabama Divorce Guide. How to File for Divorce in Alabama. Looking for Something Specific? The other spouse is the defendant.
Being the plaintiff has certain advantages. This spouse gets to start on the offense and set the initial tone of the divorce. They get the opportunity to go first on most everything. At trial, they get to go first and last. Defendants put on their case in the middle. The Plaintiff has the opportunity to do discovery and depositions, and to ask for temporary custody and support first. A good Alabama attorney can sometimes force the plaintiff into a defensive position and manage to do some things first.
Going first at trial can be a helpful advantage. Having to go second is an avoidable obstacle to a favorable Alabama divorce outcome. Act immediately and beat your spouse to the courthouse. The right Alabama attorney will do everything they can to effectively guide you through your divorce. A good Alabama attorney will answer your questions and explain in detail what you need to know to make good decisions. Make your best effort to hire the right Alabama lawyer for your divorce. If you trust your Alabama attorney, then you should follow his or her advice.
If you do not trust your attorney enough to follow their advice, then you are wasting your money. It makes no sense to pay a lawyer for advice that you do not value. Alabama law and the divorce process can be intimidating to a non-lawyer. Some people are so afraid of making a mistake that they would rather just leave it up to the attorney to decide everything. This is not in your best interests. Whatever the outcome of your Alabama divorce, you are the one who must live with the consequences of the decisions made, not your lawyer.
It is YOUR life and the goals should be set by you, not your attorney. Unfortunately, it is my opinion that some Alabama lawyers do not agree with this. Lawyers, like doctors, have a lot of education.
Some lawyers develop an overinflated viewpoint of their own intelligence. These Alabama attorneys mistakenly become convinced that their judgment is better than their clients. These Alabama lawyers treat their clients more like children and overstep their role in the divorce. When this happens, the decisions are really made by the family lawyer, not the client.
This type of attorney is not the right Alabama divorce lawyer. A good Alabama attorney will educate you well enough that you can make good decisions for yourself. In that case, the lawyer can and should ask the client to sign a document explaining that the attorney advised against the decision and why. This mistake can cause severe problems. Failing to control negative emotions is often the underlying cause of other divorce mistakes. Some people who are going through a divorce are so angry or hurt that their number one goal is to get even with or hurt their spouse. They want to punish the spouse for the wrongs that they think their spouse has caused.
They are so blinded by this goal that they lose focus on what is important and they act out impulsively. They think about the short-term immediate satisfaction of upsetting the spouse. This can backfire and have the opposition result than what they had intended. The best way to get even is to get the best outcome possible under the facts and circumstances of your case. Your goal should be to have a better future than your spouse. There will often be times that you will annoy, stress or inconvenience your spouse during the divorce.
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However, you should only do this when it is necessary to achieve a legal goal. Do not do it just for spite. If you make a bad impression on the Court and your spouse wins on every issue that is important to you, then you have just helped your spouse to hurt you again.