Family Law
Going through a divorce in Alabama can be challenging emotionally and financially.
extensive experience in family law
At LaPlante Faulkner Wilson Murphy & 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.
Dividing Assets
Unlike other states, Alabama does not automatically divide all assets 50/50. Several factors affect the division of assets, including:
- The length of the marriage
- What each spouse contributed financially and emotionally
- If there was abuse or adultery
- Both of your expected earnings post-divorce
- If you have children who will take on the majority of childcare post-divorce
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.
Custody Agreement
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.
Child support
Child support modification in Alabama depends on various factors and follows specific legal standards established by previous court cases. The state applies either the Ex parte McLendon or Ex parte Couch standard when evaluating modification petitions. The McLendon standard, used when one parent has primary custody, requires proof of a material change in circumstances, that the modification is in the child’s best interest, and that the benefits of the change outweigh the disruption it may cause. The Couch standard, applied in joint custody cases, is less stringent and only requires proof that the modification serves the child’s best interest. Given the complexities involved, legal representation can help ensure a smooth process.
When reviewing a child custody modification request, Alabama courts prioritize the child’s well-being above all else. Several factors influence a judge’s decision, including the child’s age, parental lifestyles, financial changes, living conditions, and relocation of either parent. While Alabama does not have a set age at which a child’s preference carries legal weight, their wishes may still be considered. Unlike some states, such as Georgia, where children as young as 11 can have input in custody changes, Alabama courts evaluate each situation individually. To support their case, parents can present evidence regarding these factors, making legal guidance crucial in navigating the modification process.
Divorce
Divorce is often an emotionally challenging experience, but having proper legal representation can help ease the process and ensure a fair outcome. In Alabama, divorce can be filed on either Fault or No-Fault grounds. Fault grounds include adultery, incurable insanity, habitual drunkenness, and other specified reasons, while No-Fault divorces allow couples to separate without proving wrongdoing. Understanding the legal framework surrounding divorce is essential to navigating the proceedings effectively. The team at LaPlante, Merritt, Faulkner, Wilson & Clay, LLC provides experienced representation to guide clients through the complexities of divorce.
Before filing for divorce in Alabama, there are key legal requirements to consider. At least one spouse must have lived in the state for six months prior to filing, and there is a mandatory 30-day waiting period before the divorce can be finalized. Proper preparation is crucial, including gathering financial documents such as tax returns, financial statements, and a comprehensive list of assets and liabilities. Taking these steps can help streamline the process and ensure a smoother transition. With the right legal support, individuals can better navigate the challenges of divorce and work toward a resolution that protects their interests.
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 Faulkner Wilson Murphy & Clay, LLC at (256) 236-7354 today to arrange a consultation.