Divorce Lawyer in Citronelle, Alabama

You may have chosen to end your marriage after infidelity, abuse, or another huge betrayal. Or perhaps you’ve decided on divorce over a period of years as you and your spouse have drifted apart. Whatever has led you to this point, you deserve the assistance of experienced, committed divorce attorneys in Citronelle. We know that there’s a lot to untangle in a divorce, and we’re here to support you through this difficult time.

Whether you’re preparing for a contested or uncontested divorce, you can trust Coumanis & York to protect your best interests every step of the way. Set up a consultation now by calling us at 251-990-3083.

Alabama Divorce Laws

Each state has its own divorce laws, and you will want to know what to expect before you begin this process. Like most states, Alabama has a six-month residency requirement. One spouse must meet this requirement before filing.

You will need to consider whether you want to file for a fault or no-fault divorce. Alabama is one of the few states that still recognizes fault divorces. Under these laws, you can file for divorce for the following reasons:

• Adultery
• Incurable insanity
• Cruelty
• A crime against nature, either before or during the marriage
• Pregnant at the time of the marriage without the husband’s knowledge
• Imprisonment of two or more years and a sentence of seven or more years
• Voluntary abandonment
• Drug or alcohol addiction

A fault divorce may allow you to get a greater share of the marital estate, especially if your spouse’s actions are the entire reason for the divorce. However, this path is often more difficult than a no-fault divorce. You will need to be able to prove that the other party actually did what you are accusing them of, which may require hiring (and paying for) a private investigator. This can make your divorce process quite a bit longer.

No-fault divorce allows you to simply end the marriage because of an irretrievable breakdown of the relationship. This is generally much quicker and doesn’t require either party to get into the details of what went wrong.

The waiting period in Alabama is shorter than it is in many other states. The state only requires a 30-day waiting period between the filing of the paperwork and the court date.

Child Custody and Support

One topic you’ll have to address early in the divorce process is child custody. Many people believe that the courts favor one parent over another, but that is no longer true. In fact, Alabama courts prefer that a child spends substantial time with both parents whenever possible. Because of this, you may want to consider a 50/50 split if it works with both parents’ schedules and other obligations.

For some parents, a 50/50 split is not possible or doesn’t make sense. If there is a history of abuse or if one parent is incapable of caring for the child, it may be better for the other parent to have the child most of the time. Most divorcing couples come to an agreement on this during negotiations, but if you are unable to do so, the final decision will be in the hands of the court.

The court considers a wide range of factors, including:

• Each parent’s willingness to help the child maintain a relationship with the other parent
• The support system each parent has in place
• Which parent is better able to meet the child’s needs
• A history of child abuse, domestic abuse, or kidnapping
• The living situation of each parent

In Alabama, child support is based on the idea that the child deserves the amount of financial support they would have received in an intact household. This involves adding the parents’ incomes together, figuring out how much of that would go to the child, and dividing the final number between the parents in proportion to their income. Some situations fall outside these parameters, including high-earning or high-net-worth couples.

Division of Debts and Assets

The division of assets is another issue that takes a long time to iron out in a divorce. Separate property is generally kept with the original owner, but this is not always the case. If separate property was treated as marital property during the marriage and used to benefit both spouses, it is possible that the court will consider it marital property. In general, though, anything earned by one party before the marriage is considered separate. Some assets acquired during a marriage are also considered separate property, such as inheritances.

Alabama uses the principle of equitable distribution. This means that each party gets their fair share of the marital assets, rather than simply giving each party half. A number of factors are at play here, including each spouse’s income, earning potential, level of education, health, and sacrifices made for the marriage.

Before agreeing to any sort of split, discuss your options with your attorney. If there are certain assets that mean more to you than others, you may be willing to compromise in other areas of the divorce to keep the assets that matter most to you.

Spousal Support

Spousal support is awarded in some divorces. Generally, short-term marriages or those where both spouses have equal earning power involve limited or no alimony. Long marriages or those where one partner sacrificed their career to take care of the family may result in larger spousal support orders. Permanent spousal support is very rare in Alabama, as the expectation is that the lower-earning spouse will eventually be able to provide for themselves.

Choosing the Right Citronelle Divorce Lawyer

Whether your divorce is contentious or amicable, you need to protect yourself with an attorney. Even the calmest and most cooperative divorce can quickly become adversarial when one party begins dating, asks for more time with the kids, or otherwise rocks the boat. If that happens, you’ll be relieved that you already have legal representation.

At Coumanis & York, we approach your divorce in a way that considers your top priorities. Whether you want more time with your children, a larger share of the marital assets, or limited spousal support, we will create a plan with your end goals in mind. Throughout the process, we will discuss your options and help you understand the potential long-term ramifications of each outcome. We strive to help you begin this new period of your life with the peace and financial security you deserve.

Reach Out to Coumanis & York Now

If you’re ready to get the ball rolling and see what your future has in store for you, let’s talk about your divorce options in Citronelle. Set up a consultation now by calling us at 251-990-3083 or contacting our team online.