Divorce Attorneys in Homewood, AL

Getting divorced is certainly not an easy situation to cope with and involves the investment of significant time and effort into the divorce proceedings. Additionally, marriage dissolution cases take a heavy monetary and emotional toll on the parties involved. In Alabama, family courts are courts of equity. What that means is that the judge will assess multiple factors in the case and try to make judgments that are fair to both sides.

Residency Requirements and Where to File for Homewood, AL Residents

If the divorcing partners all presently live in Alabama, there is no residency duration requirement. However, if only you reside in AL, you must have lived in the state for a minimum of six months before you can file a divorce petition. In case your spouse resides in AL, you will file the divorce in the county where your spouse lives. If that is Homewood, then you would file in Jefferson County.

If your spouse does not reside in AL anymore but was living in the state at the time of the separation, you will file a divorce petition in the county where you both resided when the separation occurred. If neither of these situations applies to you, you will file for divorce in the county where you live.

Grounds for Divorce

The legally recognized reasons to get a divorce are known as grounds for divorce. In severing the marital relationship, grounds for divorce offer the justification for such action. Like most states, Alabama has “no-fault” grounds for divorce, as well as various traditional fault-based grounds.

In order to obtain a no-fault divorce in AL, you will need to state in the Complaint for Divorce that “a complete incompatibility of temperament that the parties can no longer live together” or “there has been an irretrievable breakdown of the marriage and further attempts at reconciliation are impractical or futile and not in the best interests of the parties or the family.”

In addition, there are various fault-based grounds for divorce, such as mental illness, physical abuse, alcohol or drug addiction, and adultery. But in a majority of cases, there is no need to use any of these grounds as they make the process more complex by necessitating evidence.

Division of Property in Homewood, AL

In Alabama, the law of equitable distribution applies, which means that courts will divide the property in a just and equitable manner in a divorce case. However, equitable does not mean that the property will be split 50-50.

Courts will use various factors to establish what is just and equitable.

However, before this happens, a determination of what constitutes marital property has to be made. In general, most assets acquired during the marriage are considered marital property, although there are some exceptions, such as inheritance or gifts.

In the case of non-marital property, it is awarded only to the spouse who legally owns it. But there may be exceptions if the non-marital assets were commingled during the course of the marriage.

The courts in Alabama have a reasonable amount of discretion and will base a decision on aspects such as the duration of the marriage, the financial contributions of each partner, whether or not the spouse contributed as a homemaker or supported the other partner’s education, sources of income including disability and retirement benefits, tax consequences, the needs and arrangements made for kids, and other similar aspects.

Alimony in Homewood, AL

In AL, depending on the circumstances of the marriage, a court may award alimony to a spouse in a divorce. The court will look at these circumstances to determine the duration and amount, if any, is to be awarded to a party.

It must be shown that one spouse has a financial requirement and that the other spouse has the financial capability to pay. Further, AL courts place great importance on the duration of the marriage. The spouse in need would receive more generous awards if they were in a longer marriage.

The other factors that may be included in this decision are:

• The current and future earning capacity of each spouse, including if the ability of a spouse to earn an income has been affected by being a homemaker
• The requirements and standard of living of each spouse
• Emotional and physical health and age of both spouse
• Existing assets and liabilities
• Child custody arrangements and whether or not the custodial parent can remain employed while taking care of the kids
• Tax implications due to the asset division for each spouse
• Any prior agreements between the spouses

Child Support in Homewood, AL

The state of Alabama recognizes that both parents must be responsible for the welfare of any children, regardless of whether they are married or not.

In AL, child support figures are based on something called the “Income Shares Model.” Under this concept, a child should receive support in the same ratio from each parent that they would’ve received if they were in an intact family situation.

This method determines the total amount that a two-parent household would spend on supporting their kids. This number is then divided in proportion to the individual income of each parent.

Consequently, the parent with higher income pays a greater amount of support, and the parent with a lesser income is required to pay a smaller amount. However, courts have the authority to deviate from this model to allow for special circumstances that could have an effect on one of the parties.

Custody and Visitation in Homewood, AL

In Alabama, custody and visitation issues are resolved in a manner that is in the best interests of children during a divorce.

Every custody case is unique, and various factors may be weighted differently, depending on the specific circumstances of a case. These factors include elements such as age, gender, characteristics, and requirements of children, including their material, social, emotional, educational, and moral needs. On top of this, the court will assess the capacity and interest of each parent in providing for the children’s needs.

The state favors children having ongoing and frequent contact with each parent. Therefore, joint custody is preferred. Like some other states, AL has also adopted the Uniform Custody Jurisdiction and Enforcement Act, meaning that it must uphold and enforce custody rulings made by judges in other states.

Working with a Seasoned Divorce Attorney Can Help

The experienced family law attorneys at the law offices of The McCormick Firm can help speed up your divorce process in Homewood, AL while making sure that your interests are strongly protected throughout the proceedings.

Our lawyers will represent you in negotiations or mediated sessions with your spouse as well as represent you in court if required. We offer robust legal representation and possess years of experience in handling family law matters. To schedule a consultation with our divorce lawyers, call us today at (205) 968-1302 for a free initial consultation.