Going through a divorce in Alabama can be challenging emotionally and financially.
extensive experience in family law
At LaPlante, Merritt, Faulkner, Wilson & Clay, LLC, we have extensive experience in family law in Alabama, including child custody, child support, asset negotiations, and visitation questions.
In addition to working out custody logistics, you may need to find a new place to live and spend time separating you and your soon-to-be ex-spouse’s lives.
During a divorce, both you and your ex should have separate legal representation. If your ex uses a lawyer and you do not, you’ll be at a significant disadvantage in court and may lose money and time with your children.
Unlike other states, Alabama does not automatically divide all assets 50/50. Several factors affect the division of assets, including:
Generally, if you came into a marriage in Alabama with property or financial assets (separate property), those will not be divided, especially in a short-term marriage.
However, anything you earn during the marriage, or gifts of both spouses, will likely be split equally. If one spouse sacrificed career opportunities to raise children or further the other spouse’s career, the courts might divide the assets differently, including ordering alimony payments.
If you have children, you will need to come to a custody agreement. Because emotions run high when children are involved, you will likely want to work with a mediator and a lawyer. A mediator can ensure that both parents receive an equal voice while also determining the best options for the children.
The custody agreement will also affect the amount of child support you or your ex must pay. Family law in Alabama uses the “Income Share Model” to determine the amount of child support. Your support payments will reflect the current ratio of financial support from each parent. This system means that children will receive the same amount of financial support as they did before the divorce.
If one parent significantly out earns the other, they will pay more in child support. However, the court has flexibility, and the payments may be affected by extenuating circumstances and the visitation or custody agreement.
Contact Our Law Firm
If you are going through a divorce in Alabama, legal advice can help ensure you receive your fair share of marital assets and don’t overpay in alimony or child support. We can also help with visitation disputes, modification of existing divorce decrees, and delinquency cases. Call LaPlante, Merritt, Faulkner, Wilson & Clay, LLC at (256) 236-7354 today to arrange a consultation.