Foley, AL Divorce Lawyers

The decision to end a marriage is never made lightly. It represents a fundamental shift in your life, impacting your family, your financial stability, and your future. The path forward can seem uncertain, filled with questions about your home, your children, and what life will look like after the papers are signed. A period that is already emotionally taxing can become even more stressful when confronted with the legal complexities of the Alabama court system.

What Is the Difference Between a Contested and an Uncontested Divorce?

In Alabama, every divorce is classified as either contested or uncontested. The path your case takes will depend entirely on the ability of you and your spouse to reach an agreement on the key issues.

• Uncontested Divorce: This is the most straightforward and cost-effective route. An uncontested divorce is possible when both spouses agree on all matters, including property division, child custody, child support, and alimony. You will submit a settlement agreement to the court for approval. If the judge finds the agreement to be fair and equitable, they can finalize the divorce without the need for a trial. This process is typically much faster and less adversarial.
• Contested Divorce: A divorce becomes contested the moment there is a disagreement over any single issue. If you cannot agree on how to divide your retirement accounts, who the children will live with primarily, or whether one party should receive spousal support, the case is contested. These disagreements require the intervention of the court to resolve. The process involves legal filings, discovery (the formal exchange of information), mediation, hearings, and potentially a full trial where a judge will make the final decisions for you.

What Are the Grounds for Divorce in Alabama?

To file for divorce in Alabama, you must state a legal reason, or “ground,” for the dissolution. Alabama recognizes both no-fault and fault-based grounds.

No-Fault Grounds

A no-fault divorce does not place blame on either party. It is the most common path for divorce in Alabama. The primary no-fault grounds include:

• Irretrievable breakdown of the marriage: This simply means the marriage has broken down to the point that it cannot be saved, and there is no reasonable chance of reconciliation.
• Incompatibility: This asserts that you and your spouse are so fundamentally different that you can no longer live together.

Fault-Based Grounds

In some situations, one spouse may seek a divorce based on the misconduct of the other. While less common, alleging fault can sometimes impact decisions regarding property division or alimony. Recognized fault grounds in Alabama include:

• Adultery
• Abandonment for a period of at least one year
• Imprisonment for a felony conviction
• Habitual drunkenness or drug use
• Commission of a crime against nature
• Physical violence or cruelty

Filing on fault-based grounds requires presenting evidence to the court to prove the misconduct occurred. This can make the divorce process more complex and contentious.

How Is Property Divided in a Foley, AL Divorce?

Alabama is an “equitable distribution” state. This does not mean that marital property is split 50/50. Instead, a judge will divide assets and debts in a way they consider fair and just. Several factors influence this division, including:

• The length of the marriage
• The age and health of each spouse
• Each spouse’s earning capacity and future financial prospects
• The contributions of each spouse to the marriage, including non-financial contributions as a homemaker or parent
• Whether one spouse engaged in misconduct (such as adultery or financial waste) that harmed the marital estate

Marital Property vs. Separate Property

A key part of the process is identifying which assets are subject to division.

• Marital Property: This generally includes all assets and debts acquired or earned by either spouse during the marriage. Common examples include the marital home, bank accounts, vehicles, retirement funds (like 401(k)s and pensions), and investment accounts.
• Separate Property: This typically includes assets owned by one spouse before the marriage, inheritances received by one spouse, or gifts given specifically to one spouse. Separate property is not usually subject to division, but it can sometimes become marital property if it is commingled with marital assets.

Dividing complex assets, such as family businesses, professional practices, or extensive investment portfolios, often requires the assistance of financial professionals to ensure a proper valuation and equitable distribution.

How Do Courts Handle Child Custody and Visitation?

For parents, no issue is more important than the well-being of their children. Alabama courts make all custody decisions based on the “best interests of the child” standard. A judge will evaluate numerous factors to create a parenting arrangement that promotes the child’s health, safety, and emotional development.

Types of Custody Arrangements

• Legal Custody: This refers to the right and responsibility to make important decisions about a child’s upbringing, including their education, healthcare, and religious instruction. Courts in Alabama favor awarding joint legal custody, allowing both parents to have a say in these major life decisions.
• Physical Custody: This determines where the child will live most of the time. One parent may be granted primary physical custody, with the other parent having a set visitation schedule. Alternatively, parents may share joint physical custody, where the child spends significant time with both parents.

Creating an Effective Parenting Plan

The final custody order will include a detailed parenting plan that outlines the specifics of the arrangement. A comprehensive parenting plan should address:

• A regular schedule for school days, weekends, and holidays
• A summer vacation schedule
• Transportation arrangements for exchanges
• Guidelines for communication between the parents
• Procedures for making decisions about the child’s welfare
• Rules for relocating or moving out of state

A well-crafted parenting plan can help prevent future conflicts and provide the consistency and stability that children need.

What Is Alimony and How Is It Determined?

Alimony, also known as spousal support, is a payment made from one spouse to the other to provide financial assistance after a divorce. It is not awarded in every case. A judge will consider whether one spouse has a demonstrated financial need and whether the other spouse has the ability to pay.

Factors that a court will examine when considering an alimony award include:

• The duration of the marriage
• The standard of living established during the marriage
• The financial resources of each party, including their separate property
• The age and physical and emotional condition of each spouse
• The contributions of each spouse to the marriage
• Any marital misconduct that may have occurred

There are different types of alimony in Alabama, including periodic alimony (ongoing payments) and alimony in gross (a lump-sum payment). The purpose is often rehabilitative, providing the lower-earning spouse with the resources to gain the skills or education needed to become self-sufficient.

Work With a Knowledgeable Foley, AL Divorce Attorney

Navigating a divorce involves a web of statutes, court rules, and legal precedents that can be overwhelming to face on your own. A minor misstep in filing paperwork or a poorly negotiated agreement can have lasting consequences for your financial security and your relationship with your children.

The attorneys at Stone Crosby, P.C., have a deep familiarity with the challenges that arise in family law matters. We represent clients in a wide range of divorce cases, from straightforward uncontested dissolutions to complex litigation involving high-value assets and contentious custody disputes. We will take the time to listen to your story, explain your legal options, and develop a strategy aimed at achieving an effective and efficient resolution tailored to your unique goals.

To speak with one of our attorneys about your situation, please call our office today at (251) 336-3698 or contact us online to schedule an initial consultation.