Baxley Maniscalco Attorneys At Law
Going through a divorce is one of the most emotionally trying events you will face in your life. Our experienced divorce attorneys have the knowledge and expertise to guide you through it.
We know how to litigate cases involving significant assets and income, as well as protect your most important assets: your children.
We have a highly trained team of attorneys, paralegals, and legal assistants, and we provide personal, compassionate service to each of our clients.
We know our clients by name, and we are committed to solving the problems you face. Call us today to schedule a consultation, and one of our experienced divorce attorneys will get in touch.
We look forward to working with you to set a strategy for your case.
Locations We Serve
Our divorce attorneys serve clients handling uncontested, contested, and high-asset divorces across the State of Alabama, including but not limited to:
- Etowah County (Simple & High-Asset);
- Calhoun County (Simple & High-Asset);
- Cleburne County (Simple & High-Asset);
- Gadsden (Simple & High-Asset);
- Jacksonville (Simple & High-Asset);
- Oxford (Simple & High-Asset);
- Anniston (Simple & High-Asset);
- Talladega County (Simple & High-Asset);
- Pell City (Simple & High-Asset);
- Wedowee (Simple & High-Asset);
- And more.
Contact us today to get started with a confidential consultation.
Understanding Divorce in Alabama
It's essential to understand the grounds for divorce in Alabama, as they can significantly affect the outcome of your case.
Grounds for Divorce
In Alabama, there are two categories of grounds for divorce: "fault" and "no-fault."
Understanding these grounds is crucial as they can impact various aspects of your divorce proceedings, including property division and child custody.
No-Fault Grounds
In Alabama, no-fault grounds for divorce provide a way to end a marriage without assigning blame to either party.
These grounds include:
- Incompatibility of temperament: This ground essentially means that the couple can no longer live together harmoniously due to deep-seated personality conflicts.
- Irretrievable breakdown of the marriage: This ground indicates that the marriage has broken down to the point where reconciliation is not possible.
These no-fault grounds are often preferred as they can lead to a less contentious divorce process.
When one spouse files for divorce citing no-fault grounds, the other spouse cannot prevent the divorce from happening.
Fault Grounds
While no-fault divorces are common, Alabama law also recognizes several fault-based grounds for divorce.
These include:
- Adultery: When one spouse has been unfaithful during the marriage.
- Abandonment: When one spouse has left the marital home for at least one year with the intention of ending the marriage.
- Imprisonment: When one spouse has been imprisoned for two years with a sentence of seven years or longer.
- Crime against nature: This refers to certain sexual offenses.
- Addiction: Habitual drunkenness or drug addiction after marriage.
- Incurable insanity: When one spouse has been institutionalized for at least five years and is deemed incurably insane.
- Pregnancy at the time of marriage: When the wife was pregnant by another man at the time of the marriage without the husband's knowledge.
- Violence: Physical abuse or a reasonable fear of physical abuse.
- Incompatibility: When there is such a complete incompatibility of temperament that the parties can no longer live together.
While fault grounds can be used to demonstrate to the judge why one party should receive a greater share of marital property or custody of minor children, they often lead to more contentious and lengthy divorce proceedings.
Residency Requirements
Before you can file for divorce in Alabama, you must meet the state's residency requirements:
- At least one spouse must have been a resident of Alabama for six months before filing for divorce.
- If the defendant (the spouse not filing for divorce) is not a resident of Alabama, the plaintiff (the spouse filing for divorce) must have been a resident for at least six months.
Meeting these residency requirements is essential for the Alabama courts to have jurisdiction over your divorce case.
The Divorce Process
Understanding the divorce process in Alabama can help you prepare for what's ahead.
Here's a general overview of the steps involved:
- Filing the Complaint: The divorce process begins when one spouse (the plaintiff) files a complaint for divorce with the circuit court in the county where either spouse resides.
- Serving the Complaint: The plaintiff must serve the complaint and a summons to the other spouse (the defendant). This can be done through personal service, certified mail, or publication if the defendant's whereabouts are unknown.
- Response: The defendant has 30 days to respond to the complaint. If they fail to respond, the court may grant a default judgment in favor of the plaintiff.
- Discovery: Both parties exchange information about their finances, assets, and other relevant matters. This may involve interrogatories, requests for documents, and depositions.
- Negotiation and Mediation: Many couples attempt to resolve their issues through negotiation or mediation before going to trial. This can lead to a settlement agreement.
- Trial: If the couple cannot reach an agreement, the case will go to trial. A judge will hear evidence from both sides and make decisions on all unresolved issues.
- Final Decree: Once all issues are resolved, either through agreement or trial, the judge will issue a final decree of divorce.
- Appeal: If either party disagrees with the judge's decision, they have the right to appeal within 42 days of the final decree.
The length of this process can vary greatly depending on the complexity of the case and the level of cooperation between the spouses.
An uncontested divorce can be finalized in as little as 30 days after filing, while a contested divorce can take several months or even years to resolve.
Types of Divorce in Alabama
Understanding the types of divorce in Alabama can help you choose the best path based on your situation and the level of agreement between you and your spouse.
Uncontested Divorce
An uncontested divorce is one where both spouses agree on all terms of the divorce, including property division, child custody, child support, and alimony.
This type of divorce is usually quicker, less expensive, and less stressful than a contested divorce.
Key points about uncontested divorces in Alabama:
- Both parties must agree on all issues before filing.
- The couple must draft and sign a marital settlement agreement.
- The process can be completed without a court hearing in many cases.
- It's still advisable to have an attorney review your agreement to ensure your rights are protected.
While uncontested divorces are simpler, they're not suitable for all situations, especially if there are complex assets, children involved, or a history of domestic violence.
Contested Divorce
A contested divorce occurs when spouses cannot agree on one or more key issues. These divorces are more complex and typically require more time and legal assistance.
Key aspects of contested divorces:
- They often involve disputes over property division, child custody, child support, or alimony.
- The process includes a discovery phase where both parties gather information.
- Mediation may be required to attempt to resolve disputes.
- If mediation fails, the case goes to trial where a judge makes decisions on unresolved issues.
- They are generally more expensive and time-consuming than uncontested divorces.
Given the complexity of contested divorces, it's crucial to have experienced legal representation to protect your interests throughout the process.
High-Asset Divorce
High-asset divorces involve couples with significant wealth or complex financial portfolios.
These divorces require specialized knowledge and often involve additional professionals such as forensic accountants or business valuators.
Key considerations in high-asset divorces:
- Proper valuation of assets is crucial, including businesses, investments, and real estate.
- Hidden assets may need to be uncovered through forensic accounting.
- Tax implications of property division need to be carefully considered.
- Prenuptial or postnuptial agreements may play a significant role.
- Alimony determinations can be more complex due to high incomes and lifestyle considerations.
At Baxley Maniscalco, we have extensive experience handling high-asset divorces and can provide the specialized representation needed to protect your interests.
Key Issues in Alabama Divorces
When navigating divorce in Alabama, it's essential to understand how key issues like property division can impact your financial future and overall settlement.
Property Division
Alabama follows the principle of "equitable distribution" when it comes to dividing marital property in a divorce.
This doesn't necessarily mean a 50/50 split, but rather a fair distribution based on various factors.
Marital vs. Separate Property
Understanding the difference between marital and separate property is crucial in the divorce process, as it affects how assets will be divided.
Here's a breakdown:
- Marital Property: Generally includes all assets and debts acquired during the marriage, regardless of which spouse's name is on the title.
- Separate Property: Typically includes assets owned before the marriage, inheritances, and gifts received by one spouse during the marriage.
However, separate property can become marital property if it's commingled with marital assets or used for the benefit of the marriage.
Factors Considered in Property Division
Courts consider several factors when dividing property, including:
- The length of the marriage;
- Each spouse's age and health;
- Each spouse's economic circumstances;
- Each spouse's contribution to the acquisition of marital property;
- The value of each spouse's separate property;
- Each spouse's future financial needs and obligations;
- The conduct of the parties during the marriage (in fault-based divorces); and
- Tax consequences of the property division.
Understanding these factors can help you prepare for property division negotiations or court decisions in your divorce case.
Common Property Division Issues
Property division can be one of the most contentious aspects of divorce.
Here are some common issues that arise:
- Business Valuation: For couples who own a business, determining its value can be complex and may require professional appraisers.
- Retirement Accounts: These are often significant assets that need to be divided carefully, often requiring a Qualified Domestic Relations Order (QDRO).
- Real Estate: The marital home is often one of the largest assets to be divided. Options include selling the home and splitting the proceeds or one spouse buying out the other's interest.
- Hidden Assets: In some cases, one spouse may attempt to hide assets. Our team has experience in uncovering hidden assets to ensure a fair division.
- Debt Division: Marital debts must also be divided equitably, which doesn't always mean equally.
Navigating these issues requires careful consideration and often the expertise of legal and financial professionals.
Child Custody and Visitation
Child custody is often the most emotionally charged and contentious issue in a divorce.
Alabama courts make custody decisions based on the best interests of the child.
Factors Considered in Custody Decisions
Alabama courts consider several factors when determining custody arrangements:
- The child's age and gender;
- Each parent's physical and mental health;
- Each parent's ability to provide for the child's needs;
- The child's relationship with each parent;
- The child's adjustment to home, school, and community;
- Any history of domestic violence or substance abuse; and
- The child's preferences, if they are old enough to express a reasonable preference.
By understanding these factors, parents can better prepare for custody discussions and potential court decisions.
Custody Agreements and Parenting Plans
Parents can work together to create a custody agreement and parenting plan that works for everyone involved.
A comprehensive parenting plan typically includes:
- A schedule for where the child will reside;
- A holiday and vacation schedule;
- Provisions for transportation between parents;
- Guidelines for communication between parents about the child; and
- Decision-making processes for major issues.
If parents cannot agree, the court will impose a custody arrangement based on the child's best interests.
Modifying Custody Orders
Custody orders can be modified if circumstances materially change that affect the child's best interests.
This might include:
- A parent's relocation;
- Changes in a parent's work schedule; or
- Issues with the current custody arrangement that negatively impact the child.
If you believe a modification is necessary, it's important to consult with an attorney to understand your options and the legal process involved.
Child Support
In Alabama, both parents are legally obligated to support their children financially.
Child support is typically paid by the non-custodial parent to the custodial parent.
Calculating Child Support
Alabama uses the "Income Shares Model" to calculate child support.
This model:
- Combines the income of both parents;
- Determines the total amount of support the child would receive if the parents lived together; and
- Divides this amount between the parents based on their proportional incomes.
The Alabama Child Support Guidelines provide a specific formula for these calculations.
Factors That Can Affect Child Support
While the guidelines provide a starting point, several factors can lead to deviations:
- Extraordinary medical, educational, or other expenses;
- Shared physical custody arrangements;
- College expenses for older children;
- Significant income disparity between parents; and
- Other children supported by either parent.
Understanding these factors can help you anticipate potential child support obligations or modifications.
Modifying Child Support
Child support orders can be modified if there is a substantial change in circumstances, such as:
- Significant changes in either parent's income;
- Changes in the child's needs; and
- Changes in custody arrangements.
It's important to note that the court must approve any changes to child support. Informal agreements between parents are not legally binding.
Alimony
Alimony, also known as spousal support, is financial support paid by one spouse to the other after divorce.
In Alabama, alimony is not automatically awarded in every divorce case.
Types of Alimony in Alabama
Alabama recognizes several types of alimony, each designed to address different financial situations following a divorce:
- Interim Alimony: Temporary support paid during the divorce proceedings.
- Rehabilitative Alimony: Short-term support to help a spouse become self-supporting, often through education or job training.
- Periodic Alimony: Ongoing payments for a set period or until a specific event occurs (like remarriage of the receiving spouse).
- Alimony in Gross: A set total amount paid in installments over a defined period.
The type of alimony awarded depends on the specific circumstances of each case, and it's important to discuss your situation with an experienced attorney.
Factors Considered in Alimony Decisions
Courts consider several factors when deciding whether to award alimony and in what amount:
- The length of the marriage;
- Each spouse's age and health;
- Each spouse's earning capacity and financial resources;
- The standard of living established during the marriage;
- Each spouse's contribution to the marriage, including homemaking;
- The time necessary for the receiving spouse to gain education or training for employment; and
- Any history of domestic violence.
Understanding these factors can help you prepare for alimony discussions or court decisions in your divorce case.
Modifying or Terminating Alimony
Alimony can be modified or terminated if there is a substantial change in circumstances, such as:
- Significant changes in either party's income;
- The receiving spouse's remarriage or cohabitation; and
- The paying spouse's retirement.
As with child support, any changes to alimony must be approved by the court.
Mediation and Alternative Dispute Resolution
Mediation and other forms of alternative dispute resolution (ADR) can be valuable tools in the divorce process, often leading to faster, less expensive, and less stressful resolutions.
Benefits of Mediation
Mediation can be a valuable alternative to traditional litigation in divorce cases.
Here are some key benefits:
- Cost-Effective: Mediation is typically less expensive than litigation.
- Time-Saving: The process is usually faster than going to trial.
- Confidential: Unlike court proceedings, mediation is private.
- Control: Parties have more control over the outcome.
- Reduced Conflict: Promotes cooperation and can lead to better post-divorce relationships.
Given these benefits, many couples find mediation to be a preferable approach to resolving divorce issues.
The Mediation Process
Understanding the mediation process can help you prepare for this alternative dispute resolution method.
Here's an overview of the typical steps:
- Selection of Mediator: A neutral third party is chosen to facilitate discussions.
- Initial Meeting: The mediator explains the process and sets ground rules.
- Issue Identification: Parties identify the issues that need to be resolved.
- Negotiation: The mediator helps parties discuss issues and explore solutions.
- Agreement: If successful, a settlement agreement is drafted.
While not every case is suitable for mediation, many couples find it to be an effective way to resolve their divorce issues.
Other Forms of ADR
In addition to mediation, there are other forms of Alternative Dispute Resolution (ADR) that can be helpful in divorce cases:
- Collaborative Divorce: Each spouse hires a collaborative lawyer, and all parties agree to resolve issues without going to court.
- Arbitration: A private judge makes binding decisions on disputed issues.
At Baxley Maniscalco, we can guide you through the mediation process or represent you in other forms of ADR, helping you achieve a resolution that meets your needs and those of your family.
Post-Divorce Modifications
Life circumstances can change after a divorce, sometimes necessitating modifications to the original divorce decree.
Common Reasons for Modifications
Life circumstances can change after a divorce, sometimes necessitating modifications to the original divorce decree.
Here are some common reasons for seeking modifications:
- Change in Income: Job loss, promotion, or career change;
- Relocation: One parent moving to a different city or state;
- Changes in the Child's Needs: Educational, medical, or extracurricular activities; and
- Remarriage: Of either parent.
Understanding these common reasons can help you anticipate when you might need to seek a modification to your divorce decree.
Modifiable Aspects of a Divorce Decree
Not all aspects of a divorce decree can be modified. Here are the key areas that are typically open to modification:
- Child Custody and Visitation: If there's a material change in circumstances affecting the child's best interests
- Child Support: Based on substantial changes in either parent's income or the child's needs
- Alimony: Can be modified unless the original agreement specifically prohibits it
It's important to note that property division is generally not modifiable after the divorce is finalized, except in cases of fraud or severe misconduct.
The Modification Process
If you need to modify your divorce decree, you'll need to follow a specific legal process.
Here's an overview:
- File a Petition: The party seeking modification must file a petition with the court
- Serve the Other Party: The other party must be notified of the petition
- Mediation: Many courts require mediation before a hearing
- Court Hearing: If mediation is unsuccessful, a judge will hear the case and make a decision
Working with an experienced attorney when seeking modifications is crucial to ensure you present a strong case for the changes you're requesting.
Domestic Violence and Divorce
Domestic violence can significantly impact divorce proceedings and outcomes.
If you're in an abusive situation, your safety and that of your children is the top priority.
Impact on Divorce Proceedings
Domestic violence can significantly affect divorce proceedings in several ways:
- Grounds for Divorce: Domestic violence is grounds for a fault-based divorce in Alabama
- Protective Orders: The court can issue orders to keep the abuser away from you and your children
- Child Custody: Evidence of domestic violence can heavily influence custody decisions
- Property Division: In some cases, domestic violence can impact how marital property is divided
Understanding these impacts can help victims of domestic violence prepare for their divorce proceedings and protect their rights.
Steps to Take
If you're dealing with domestic violence in the context of divorce, it's crucial to prioritize your safety and take appropriate legal steps:
- Ensure Safety: If you're in immediate danger, call 911.
- Document Abuse: Keep records of incidents, including photos of injuries and police reports.
- Seek Support: Contact domestic violence support services for help and resources.
- Legal Protection: Work with an attorney to file for a protection order if necessary.
At Baxley Maniscalco, we have experience handling divorce cases involving domestic violence. We can help you navigate the legal system while prioritizing your safety and well-being.
Financial Considerations in Divorce
Divorce can have significant financial implications. Understanding and preparing for these can help you make informed decisions and secure your financial future.
Financial Steps to Take During Divorce
Divorce can have significant financial implications. Here are some important steps to take to protect your financial interests:
- Gather Financial Documents: Collect bank statements, tax returns, investment accounts, etc.
- Create a Post-Divorce Budget: Understand your income and expenses as a single person.
- Consider Tax Implications: Divorce can affect your tax situation, especially regarding property division and support payments.
- Protect Your Credit: Close joint accounts and establish credit in your own name.
- Update Estate Plans: Revise wills, trusts, and beneficiary designations.
Taking these steps can help you navigate the financial aspects of divorce and set yourself up for a more secure financial future.
Common Financial Mistakes to Avoid
While managing finances during divorce, be aware of these common pitfalls:
- Keeping the House When You Can't Afford It: Emotional attachment can lead to financial strain
- Failing to Consider Long-Term Financial Impact: Look beyond immediate settlement to long-term financial health
- Overlooking Hidden Assets: Ensure all marital assets are disclosed and valued properly
- Neglecting Retirement Accounts: These can be significant assets that need careful division
Avoiding these mistakes can help you make more informed decisions about your financial future post-divorce.
Role of Financial Experts
In complex financial situations, we may recommend working with financial experts such as:
- Forensic Accountants: To uncover hidden assets or income
- Business Valuators: To accurately value a family business
- Financial Planners: To help you understand the long-term implications of different settlement options
At Baxley Maniscalco, we can help you navigate these financial considerations and work with appropriate experts to protect your financial interests during and after divorce.
Emotional Aspects of Divorce
Divorce is not just a legal process; it's an emotional journey.
Understanding and managing the emotional aspects can help you make better decisions and move forward more positively.
Common Emotional Stages of Divorce
Acknowledging and addressing these emotions is key to navigating the process with resilience.
- Denial: Difficulty accepting the reality of the situation;
- Anger: Feelings of frustration and resentment;
- Bargaining: Attempts to salvage the relationship or negotiate terms;
- Depression: Sadness and grief over the loss of the marriage; and
- Acceptance: Coming to terms with the divorce and looking toward the future.
Remember, everyone experiences these stages differently, and it's okay to seek support as you navigate your emotions.
Coping Strategies
Developing healthy coping strategies can help you navigate the emotional challenges of divorce:
- Seek Support: Consider therapy or support groups for divorcees
- Practice Self-Care: Focus on your physical and mental health
- Avoid Conflict: When possible, choose cooperation over confrontation
- Set Boundaries: Establish new relationship boundaries with your ex-spouse
- Focus on the Future: Set new personal and professional goals
Implementing these strategies can help you manage stress and move forward positively, both during and after your divorce.
Helping Children Cope
Divorce can be particularly challenging for children. Here are some strategies to help your children through this transition:
- Open Communication: Encourage children to express their feelings;
- Maintain Routines: Provide stability through consistent schedules;
- Avoid Blame: Don't speak negatively about your ex-spouse to the children; and
- Seek Professional Help: Consider therapy for children if they're struggling to adjust.
At Baxley Maniscalco, we understand the emotional challenges of divorce.
While we focus on protecting your legal rights, we also provide resources and referrals to help you and your family navigate the emotional aspects of divorce.
Protecting Your Children During Divorce
Divorce can be particularly challenging for children. As parents, it's crucial to prioritize your children's well-being throughout the process.
Co-Parenting Strategies
Effective co-parenting is crucial for your children's well-being after divorce.
Consider these strategies:
- Communicate Effectively: Keep lines of communication open with your co-parent;
- Present a United Front: Make important decisions together and present them to children jointly;
- Be Consistent: Maintain similar rules and routines in both households;
- Avoid Using Children as Messengers: Communicate directly with your co-parent; and
- Be Flexible: Be willing to adjust schedules when necessary for the children's benefit.
Implementing these strategies can help create a stable and supportive environment for your children post-divorce.
Creating a Successful Parenting Plan
A comprehensive parenting plan can help reduce conflicts and provide stability for your children.
Here are key elements to include:
- Regular Schedule: Establish a clear, predictable routine for the children;
- Holiday and Vacation Planning: Decide how to handle special occasions in advance;
- Decision-Making Processes: Outline how major decisions about the children will be made;
- Communication Methods: Determine how and when you'll communicate about the children; and
- Conflict Resolution: Establish a process for resolving disagreements.
A well-thought-out parenting plan can serve as a roadmap for successful co-parenting after divorce.
Signs Your Child May Be Struggling
It's important to be aware of signs that your child might be having difficulty coping with the divorce:
- Changes in Behavior: Aggression, withdrawal, or acting out;
- Academic Issues: Declining grades or loss of interest in school;
- Physical Symptoms: Sleep problems, changes in appetite, or unexplained aches and pains; and
- Regression: Return to behaviors they had outgrown.
If you notice these signs, consider seeking professional help for your child.
At Baxley Maniscalco, we can provide referrals to child psychologists or family therapists experienced in helping children through divorce.
Military Divorce in Alabama
Military divorces involve unique challenges and considerations.
If you or your spouse is a service member, it's crucial to understand how military status can affect your divorce proceedings.
Jurisdictional Issues
Military divorces involve unique jurisdictional considerations:
- Filing Location: Can be filed where the service member is stationed, where they claim legal residency, or where the non-military spouse resides; and
- Service of Process: Special rules apply for serving divorce papers to active-duty military members.
Understanding these jurisdictional issues is crucial for properly initiating a military divorce.
Servicemembers Civil Relief Act (SCRA)
The SCRA provides important protections for active-duty military members during divorce proceedings:
- Stay of Proceedings: Active-duty service members can request a "stay" (delay) of divorce proceedings.
- Default Judgments: Protects service members from default judgments if they can't appear due to military duties.
These protections ensure that military service doesn't unfairly disadvantage service members in divorce proceedings.
Division of Military Benefits
Military benefits are subject to specific rules in divorce:
- Uniformed Services Former Spouses' Protection Act (USFSPA): Governs how military retirement benefits are calculated and divided upon divorce.
- 20/20/20 Rule: Determines eligibility of former spouses for continued health care, commissary, and exchange benefits.
Understanding these rules is crucial for fair division of military benefits in divorce.
Child Custody and Military Service
Military service presents unique challenges for child custody arrangements:
- Family Care Plan: Required by the military for service members with dependents.
- Impact of Deployment: Courts consider the best interest of the child, which may include stability during a parent's deployment.
At Baxley Maniscalco, we have experience handling military divorces and can help navigate these unique challenges while protecting your rights and interests.
International Divorce Issues
Divorces involving international elements can be particularly complex.
Whether you or your spouse is a foreign national, or you have assets in other countries, international divorces require careful navigation of multiple legal systems.
Jurisdictional Issues
International divorces often involve complex jurisdictional questions:
- Filing Location: Determining which country has jurisdiction over your divorce; and
- Recognition of Foreign Divorces: Ensuring your divorce will be recognized in relevant countries.
Resolving these jurisdictional issues is crucial for a legally valid international divorce.
Hague Convention on International Child Abduction
This important international treaty affects child custody in international divorces:
- Purpose: Protects children from international parental kidnapping; and
- Application: Provides a process for the return of children wrongfully removed to or retained in another country.
Understanding the Hague Convention is crucial for protecting your rights in international child custody disputes.
Division of International Assets
Dividing assets across international borders presents unique challenges:
- Property Valuation: Challenges in valuing and dividing property located in different countries; and
- Currency Fluctuations: Impact on property division and support payments.
These complexities often require the expertise of international financial specialists.
Enforcement of Orders
Enforcing divorce orders across international borders can be challenging:
- Child Support: Challenges in enforcing child support orders across international borders; and
- Custody Orders: Ensuring custody arrangements are enforceable in relevant countries.
At Baxley Maniscalco, we have experience handling international divorce cases.
We can work with international legal experts when necessary to ensure your rights are protected across all relevant jurisdictions.
When Is a Divorce Necessary?
If a marriage cannot be annulled, the only way to terminate it is by death or divorce. There are several grounds for divorce, at least one of which must be alleged and proven. Among them are the "no-fault" grounds: incompatibility of temperament and irretrievable breakdown.
Need more information? Fill out our divorce questionnaire to have one of our attorneys personally review your situation.
Can My Spouse Prevent Me From Getting a Divorce?
No. However, you’ll want to be sure that you plead the grounds for divorce correctly if your spouse doesn’t want a divorce.
In Alabama, there are two different categories of grounds for divorce: “fault” and “no-fault” grounds. No fault grounds include “irretrievable breakdown of the marriage” and “irreconcilable differences” between the parties.
When one person wants a divorce, and the other does not, the court can grant a “no-fault” divorce on one or both of these grounds.
When Should I Allege “At Fault” Grounds for Divorce?
Fault grounds include adultery, cruelty, abandonment, and such behaviors as illegal drug use, physical abuse, or abuse of alcohol during the marriage.
The “at fault” grounds are used in a divorce to help demonstrate to the judge why the other party should receive a greater share of the marital property or custody and placement of the minor children in the divorce.
How Is Property Divided in an Alabama Divorce?
Any assets or liabilities held by the parties will be deemed "separate" property, which remains the property of the party in ownership, or "marital" property, which is subject to division. Generally, if one of the parties owned the property before the marriage, it will be deemed "separate" unless it was regularly used for the common benefit of the parties. If it was, it becomes marital property.
The court will divide marital property by "equitable distribution." Put simply, it must distribute the property according to what it deems to be fair. That does not mean that property must be distributed equally. The court will consider several factors in its decision, including any misconduct of the parties. The final distribution of property can be very lopsided.
How Will Custody Be Decided in an Alabama divorce?
Child custody is often the most hotly contested issue in a divorce.
For a brief summary of Alabama custody law, visit our Child Custody page.
Frequently Asked Questions About Alabama Divorces
Navigating a divorce can be complex, and many individuals have common questions about the process in Alabama.
Here are answers to some of the most frequently asked questions we receive about divorce in Alabama.
How Long Does It Take to Get Divorced in Alabama?
The duration of a divorce in Alabama can vary significantly depending on whether it's contested or uncontested.
An uncontested divorce can be finalized in as little as 30 days after filing, while a contested divorce can take several months to over a year, depending on the complexity of the issues involved.
Can I Get a Divorce if My Spouse Doesn't Want One?
Yes, you can still get a divorce even if your spouse doesn't want one. Alabama allows for no-fault divorces based on "incompatibility" or "irretrievable breakdown of the marriage." However, if your spouse contests the divorce, it may take longer and be more complicated.
Do I Need a Lawyer to Get Divorced in Alabama?
While it's possible to represent yourself in a divorce, it's generally not recommended, especially if there are complex issues like property division, child custody, or alimony involved.
A lawyer can help protect your rights and ensure that all necessary legal procedures are followed correctly.
How Is Property Divided in an Alabama Divorce?
Alabama follows the principle of "equitable distribution," which means that marital property is divided fairly, but not necessarily equally.
The court considers various factors, including the length of the marriage, each spouse's economic circumstances, and each spouse's contribution to the acquisition of marital property.
How Is Child Custody Determined in Alabama?
Child custody decisions in Alabama are based on the best interests of the child.
The court considers factors such as each parent's ability to care for the child, the child's relationship with each parent, and the child's adjustment to home, school, and community.
Can I Get Alimony in My Alabama Divorce?
Alimony is not automatically awarded in Alabama divorces. The court considers several factors when deciding whether to award alimony, including the length of the marriage, each spouse's earning capacity, and the standard of living during the marriage.
Alimony can be temporary or permanent, depending on the circumstances.
How Is Child Support Calculated in Alabama?
Alabama uses the Income Shares Model to calculate child support. This model considers both parents' incomes, the number of children, and the amount of time each parent spends with the children.
The Alabama Child Support Guidelines provide a specific formula for these calculations.
Can I Move Out of State With My Children After Divorce?
If you have primary custody and want to move out of state with your children, you must provide written notice to the other parent at least 45 days before the planned move.
The other parent can object to the move, in which case the court will decide based on the child's best interests.
What Is a No-Fault Divorce in Alabama?
A no-fault divorce in Alabama is based on grounds of "incompatibility of temperament" or "irretrievable breakdown of the marriage." This means you don't have to prove that your spouse did anything wrong to get a divorce.
How Does Adultery Affect Divorce Proceedings in Alabama?
Adultery is one of the fault-based grounds for divorce in Alabama. If proven, it can impact property division and alimony decisions.
However, it generally does not affect child custody unless it can be shown to directly harm the children.
Can I Date While My Divorce Is Pending in Alabama?
While it's not illegal to date during divorce proceedings, it's generally not advisable.
Dating while your divorce is pending could potentially impact property division, alimony, or child custody decisions, especially if you're spending marital assets on your new relationship.
What Is a Separation Agreement, and Do I Need One?
A separation agreement is a legal document that outlines the terms of your separation, including property division, child custody, and support.
While not required, it can be helpful in setting clear expectations and can often be incorporated into your final divorce decree.
How Are Retirement Accounts Divided in an Alabama Divorce?
Retirement accounts acquired during the marriage are typically considered marital property and are subject to division. The division of these accounts often requires a special court order called a Qualified Domestic Relations Order (QDRO).
What Happens to the Marital Home in an Alabama Divorce?
The marital home is often one of the largest assets to be divided in a divorce.
Options include selling the home and splitting the proceeds, one spouse buying out the other's interest, or one spouse retaining the home in exchange for other assets of equivalent value.
How Long Do I Have to Be Separated Before I Can File for Divorce in Alabama?
Alabama doesn't have a required separation period before filing for divorce. You can file for divorce immediately, as long as you meet the residency requirements.
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Family Court Judges in Calhoun and Cleburne County, ALabama
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Calhoun and Cleburne County Alabama Divorce Attorneys
We feature a team of family law attorneys who fight for our client's interests and have experience working closely with the local family court community.
It's our job to aggressively advocate for our clients, and we take that job very seriously. We offer in-person and remote consultations with our attorneys and look forward to your call.