When a lot of spouses tie the knot, they do not think about the legal implications of a divorce. But if the relationship ends, they are confronted with all types of legal complexities. While such procedures might seem overwhelming, you do not have to go through them alone. An experienced divorce attorney at The Harris Firm can explain how laws that govern divorce work, offering you confidence while you pursue positive outcomes. Below are important pieces of information you must know when considering ending your marriage in a divorce:
The Basics About Divorce
Divorce is a legal process meant to dissolve marriages. Once you have completed the process, you will be single, which may have different implications for your freedom, personal life, taxes, and financial stability. Once you are divorced, you can remarry.
Keep in mind that you don’t need the consent of your spouse to end your marriage. In Montgomery, Alabama, either spouse can file a divorce petition. Additionally, you don’t need a certain reason to divorce your spouse. A no-fault system lets you end your marriage based on incompatibility. But you can also file for a fault-based divorce, citing different grounds. Common grounds for divorce include adultery, substance abuse, desertion, and cruelty. The majority of spouses prefer no-fault divorce because not much evidence is required.
Divorce Issues that Must Be Addressed
During your divorce, the following are issues that you and your spouse must address, depending on what applies to your situation:
- Child custody. If you have minor children, you and your spouse must determine how to raise them after your separation. This requires you both to work together. For family courts, shared custody serves the best interests of all parties involved. Psychologists think that kids benefit from being able to spend time with both their parents despite their divorce. In Alabama, the mother does not automatically get custody of the children.
- Child support. This support helps create financial stability, happiness, and health for the kids following your divorce. You or your spouse may be ordered to pay child support, depending on who earns more than the other. If the parent who has a high income wins sole physical custody, they don’t have to pay support.
- Property division. In this divorce issue, a spouse could lose around half of their net worth. In Alabama, marital property is divided fairly or equitably between spouses. Family courts take into account different factors when splitting marital property. Property division laws apply only to some assets during divorce. Generally, separate property is not part of the property division. It includes things such as assets obtained before marriage, inheritance, assets obtained following the separation date, and gifts from third parties.
- Alimony. Family courts think about income disparity between the spouses instead of genders when granting alimony. If you make more money than your spouse every month during your marriage, you may have to pay them alimony. This spousal support is not automatically granted. Courts may decide that such payments aren’t necessary for short marriages. Also, they may take marital misconduct into account when awarding alimony. A spouse may not be eligible for alimony if they committed adultery while they were married.
While online research provides a summary of Alabama divorce laws, it doesn’t give you much. Every divorce is unique and spouses approach such a legal process with different goals. Thus, you should consult with a skilled divorce attorney to get targeted advice and guidance according to your circumstances. The best attorney in the city can assist you in creating an effective action plan. When you consult with them for the first time, they can answer your questions and help you make the right decision.