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How to Select the Right Divorce Attorney: 6 Tips From a Lawyer
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You can expect to pay at least a few hundred dollars even for the most simple, uncontested divorce. Alabama family law attorneys charge an average of $294 per hour for legal services. If your divorce is heavily contested and involves complicated issues, you can expect to pay more in legal fees.
Alabama courts always prefer that the spouses decide amongst themselves who gets the house and all marital assets. Courts will only step in and make a decision if the couple is not able to arrive at one themselves or with the help of their lawyers.
Uncontested divorces in Alabama are sometimes called no-fault divorces and are generally the easiest way to get a simple and cheap divorce. It is where both spouses reach an agreement before anything is ever started in the courts.
Many couples find that they can navigate the uncontested divorce process without hiring lawyers. Also, with an uncontested divorce, you may be able to use a service to file for divorce online.
In the state of Alabama, both spouses have an equal right to the marital home until a judge enters an order for exclusive possession of the residence. This order can take one of several forms. Until this order is entered, a party cannot take action to assert exclusive control over the marital home.
The spouse who files first in the divorce is the plaintiff. The other spouse is the defendant. Being the plaintiff has certain advantages. This spouse gets to start on the offense and set the initial tone of the divorce.
Permanent Alimony Although the new law in Alabama limits alimony to 5 years, one exception is when a couple has been married for more than 20 years. In those cases, if a party can convince the court of a need for the support, the court can award permanent alimony.
about 6-10 weeksHow long does it take to get a divorce? An uncontested divorce usually takes about 6-10 weeks after everything has been signed by both spouses and filed with the court. A contested divorce can take anywhere from 30 days to months or years, depending on if there is a trial or not.
2 yrs.'No Fault' Grounds for Divorce Irretrievable breakdown; separation (2 yrs.).
Alabama is not a community property state in which all assets are split 50/50 and divided between the couple. Alabama is an equitable distribution state, which means that assets gained during the marriage or used for the benefit of the marriage should be split in a fair and equitable way.
In general, filing and completing a divorce in Alabama will cost around $200-$350. The average cost of filing for divorce in Alabama is usually around $215-230. If you have a contested divorce case in Huntsville, Alabama, the costs will be much steeper.
The 'Homewrecker' law, which is also called the alienation of affection lawsuit, is a law that enables someone to sue a third party for damages incurred due to the break up of their marriage. At the time of writing this, however, legislation has been passed to abolish alienation of affection laws in Alabama.
You can successfully file for divorce without the assistance of an attorney. However, before you start a DIY divorce, consider the following. You'r...
A divorce begins when you file a petition in court. One spouse (the petitioner), serves the other spouse with the petition. The petition is then fi...
You have more control over the situation and you might have more strategic options if you file for divorce before your spouse. You do not gain any...
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This means that in a divorce, courts will divide property in a fair and equitable manner. But equitable does not mean a 50-50 split. Courts will use a number of factors to determine what is fair and equitable. Before this happens, the determination must be made as to what constitutes marital property.
If the substance abuse is severe, Alabama courts will not allow a parent to take custody of a child if there is a danger to the child. The court always places the best interests of the child at the forefront of these discussions. Substance abuse can also have an impact on a division of assets.
In Alabama, property accumulated during a marriage belongs to both spouses and is considered marital property. It is subject to fair and equitable distribution, unless it has been acquired as a gift or inheritance, in which case it is considered separate.
When one spouse receives a gift or inheritance in Alabama, it is considered separate property and not subject to equitable distribution. But gifts and inheritances used to benefit both spouses are deemed marital property.
Alimony in Alabama. Alimony can be granted on a temporary or a permanent basis in Alabama. The amount and duration are based on the circumstances that are unique to each divorce. It must be demonstrated that one spouse has a financial need and that the other spouse has a financial ability to pay.
It is possible to ask a court for a civil order of protection to legally keep a spouse away from you either before a divorce action begins or during a divorce already in progress. Domestic violence is a ground for divorce in Alabama. When it is proven, it can be an important issue when dealing with child custody.
Domestic violence can be an ugly part of an Alabama marriage. If you are a victim, any divorce actions are secondary to the immediate safety of you or children who may be in immediate danger.