Mobile, AL Divorce Lawyers

Ending a marriage is a highly personal and oftentimes painful decision, so it seems unfair that courts, attorneys, and other outside parties are drawn into it. However, when you choose the right Mobile divorce attorney for your split, you can minimize the stress and anxiety that arise during this process.

The right attorney will show empathy for you, give you the space you need to process what’s happening, and involve you to the level that you are comfortable with. They will also fiercely advocate for you and ensure you have what you need for a fresh start after the end of your marriage.

If you’re still weighing your options or you have already decided that divorce is the next step, let’s talk about what comes next. Call Coumanis & York at 251-431-7272 to set up a consultation with our team in Mobile now.

Requirements for an Alabama Divorce

Each state has its own specific requirements for divorce. In Alabama, one party must have been a resident of the state for six months prior to filing. After filing the paperwork, you must wait at least 30 days for the divorce to be finalized.

One unique aspect of divorce in Alabama is its grounds for divorce. Like other states, it allows couples to file for divorce due to an irretrievable breakdown of the marriage—this is sometimes known as irreconcilable differences in other states.

It basically means that the marriage is so damaged that it cannot be mended, and no one is at fault. However, Alabama is one of the very states that allow fault divorces. This involves claiming that one party engaged in cruelty or adultery, suffered from insanity, engaged in crimes against humanity, was addicted to drugs or alcohol, or abandoned the other party.

Proving that the other person is to blame for the end of the marriage may help with the division of assets or other aspects of the split, but it does take considerably longer and require proof of your claims.

Division of Assets

One of the most time-consuming aspects of a divorce is the division of debts and assets. In Alabama, equitable distribution is the standard. Instead of giving half of the marital assets to each spouse, the court believes in a fair split that accounts for differences in the partners’ ability to earn an income, contributions to the marriage, other assets, parenting time, and role in the breakdown of the marriage.

Generally, anything that was earned or acquired during the course of the marriage is subject to distribution, with very few exceptions. This is an important aspect of your divorce because it essentially lays the groundwork for life after divorce. If you give up everything during this step, you won’t have what you need to start fresh. However, making some concessions and compromises may help you get your divorce granted more quickly.

Child Custody

This is easily one of the most emotionally charged parts of any divorce. Few parents want to lose time with their children, which may cause drawn-out custody battles that help no one. In general, the courts favor a shared custody agreement that allows children to spend meaningful time with both parents.

Many parents are able to come to an agreement without the court getting involved. In most cases, the judge will sign off on a parenting plan created by the parents, as long as it is reasonable and protects the best interest of the child. In some situations, including those involving abuse or substance addiction, it may not be in the child’s best interest to have unsupervised time with one parent.

Child Support

Alabama currently utilizes an income shares model to calculate child support. It looks at how much financial support a child would receive if they lived with both parents. From there, it breaks down each parent’s share of the total support and determines how much is owed to the custodial parent. A number of factors affect child support, including:

• How much time each parent spends with the child
• Who pays for the child’s health insurance
• Childcare expenses
• Extraordinary medical needs or other special needs
• Other obligations the parents may have

The court will help in establishing a child support order, as well as enforcing it and modifying it as needed.

Spousal Support

Alimony is awarded in some Alabama divorces, but it’s not assumed. As a general rule of thumb, the longer a marriage is, the more alimony the lower-earning spouse will receive.

Rehabilitative alimony strives to provide the lower-earning spouse with the time and financial support they need to be able to support themselves eventually. Periodic alimony may last longer than rehabilitative alimony, but it is usually not awarded for any period of time longer than the actual marriage.

Like child support, spousal support is influenced by many different factors. These factors include the length of the marriage, contributions made to the marriage, the standard of living during the marriage if one spouse gave up opportunities to be a homemaker, and each spouse’s likelihood of securing gainful employment.

How Our Team Can Help You

At Coumanis & York, we know how emotionally draining and demanding divorce can be. Whether you’re going through a relatively simple uncontested divorce or one that has dragged on for years, you deserve dependable representation that puts your needs first.

Our team is well-versed in Alabama divorce law, different options for conflict resolution, and how to secure favorable outcomes for our clients. The decisions made during this time will have a significant impact on what your life looks like after divorce, and we want to ensure you have the fresh start you deserve. Whatever you hope to get out of your divorce, call our team to find out how we can help.

Contact Coumanis & York Today

If you’re ready to move forward with your divorce, we’re ready to talk and explore your options. Give us a call at 251-431-7272 or contact us online to set up a consultation.