Divorce Attorneys in Saraland, Alabama

Divorce is the end of your marriage, but beyond that, it’s the beginning of the next stage of your life. There’s no doubt that navigating divorce can be challenging, pushing you to your limits and testing your patience. But if you can get through this difficult time, new opportunities await you on the other side.

Choose a Saraland, AL divorce attorney who will listen to your concerns, prioritize what matters to you, and help you fight for what’s fair. To discuss your divorce case in more detail, call Coumanis & York at 251-990-3083 or message us online to set up a consultation.

No-Fault and Fault Divorce in Alabama

Many states no longer have the option to file for a fault-based divorce. As an Alabama resident, you can decide whether you want to pursue your divorce as no-fault or fault-based.

No-fault divorce is widely viewed as the easier and less time-consuming option. If you go this route, neither party has to prove that the other party wronged them in a way that led to the divorce. You can simply indicate that the marriage has broken down to a point that it can no longer be salvaged.

Fault-based divorce is significantly more complicated. This allows you to file for divorce by claiming that your spouse has committed adultery, engaged in habitual drunkenness, abandoned the marriage, commissioned a crime, or met one of the other qualifications for fault-based divorce in Alabama. This essentially takes the blame off of you and shows that the breakdown of the marriage is the other person’s fault.

For a fault-based divorce to be granted, you must be able to prove that your claims are true. This often makes this type of divorce more expensive and time-consuming. However, it may be worth it if you want to pursue a greater share of the marital property, get more spousal support, or keep custody of your children.

Negotiating Property and Debt Division in Saraland

The division of assets and debts is often one of the most difficult parts of a divorce. This is particularly true if you and your spouse have accumulated substantial assets during the course of your marriage. In this case, both sides may be reluctant to give up anything they have worked for.

In Alabama, courts divide property in a “fair and equitable” manner. This means that, rather than dividing marital property in half, property is split in a way that accounts for differences in income, health, and other factors. Relevant factors include:

• The duration of the marriage
• Each spouse’s health and age
• Sacrifices made by each party to benefit the marriage
• Services as a homemaker or stay-at-home parent
• Each spouse’s current needs
• Other sources of income
• Where the children will live
• The fault of one party in the divorce

Property that may be subject to division in divorce includes:

• Retirement accounts
• Funds in checking and savings accounts
• The marital home, vacation properties, and rental properties
• Antiques or jewelry
• Shares in a business

Nonmarital property is not subject to division, but you may have to prove that your property was kept separate for the duration of the marriage and was not used for the benefit of both spouses.

Determining Child Custody

Alabama, like most other states, prefers a joint custody arrangement that allows both parents to have ongoing, meaningful time with their children. Not only is this fair for both parents, it is also in the best interests of the children. Many people go into a divorce assuming that the mother will automatically be given full custody, but it’s good to be more flexible as you negotiate.

While courts may prefer joint custody, this isn’t always the best arrangement for a divorcing couple. If one parent has been the primary caretaker for the children’s entire lives, this may be an arrangement the parents wish to continue. This is also a beneficial arrangement if one parent is regularly deployed, works an irregular schedule, or travels frequently for work.

If one parent has physical custody, the other parent will still have parenting time. The visitation schedule is generally worked out between the parents, based on their other obligations, what is best for the children, and how much time each parent wants.

If there is a dispute between the parents regarding custody, the final decision will be made by the court. This completely takes away your role in the decision-making process, and once the court gives its ruling, you must abide by it—whether or not you like it. This is one reason you need to choose a trustworthy attorney who can negotiate on your behalf.

The Role of Spousal Support and Child Support

Spousal support is still awarded in many Alabama divorces. However, permanent alimony is not nearly as common as it used to be. Most alimony phases out five years after the divorce is finalized, except for cases involving longer marriages. The amount you receive or have to pay depends largely on the length of the marriage, the amount needed to maintain each party’s lifestyle, and contributions made to the marriage by the lower-earning spouse.

In Alabama, child support is based on the total support a child would have if their parents were married. The court looks at the total income of both parents, determines how much support a child would receive monthly from them, and then splits the child support accordingly. Various factors can cause child support to vary from this initial amount, including:

• How much time the child is in each parent’s care.
• Child support obligations to other children.
• Extraordinary medical needs.
• Unusual expenses, such as private school tuition.

Planning Your Next Steps After Divorce

Whether you and your ex-partner are on good terms or facing a contentious divorce, it’s important to have a strong, trustworthy attorney by your side. This is likely one of the most stressful things you’ll experience in your lifetime, and you do not want to deal with it on your own.

The decisions you make regarding your divorce can affect your financial and mental wellbeing for years to come, and you need an advocate who can help you get what you deserve. Your attorney can help you move through this process as peacefully as possible so you can enjoy a fresh start.

Turn to Coumanis & York for Help with Your Saraland, AL Divorce

The team at Coumanis & York is here to help you through your divorce. Schedule a consultation now by calling us at 251-990-3083 or filling out our online contact form.