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Property Division Laws in Alabama

Posted on : March 1, 2015, By:  admin

Going through a divorce is a nerve-wracking and frustrating process. One of the biggest issues during a divorce is the division of property between you and your ex-spouse. Here’s what you need to know about property division laws in Alabama and how they could potentially affect the outcome of your divorce.

1. Determining What Is, and What Isn’t, Marital Property

In Alabama, any property that is acquired during a marriage is considered to be marital property, and any property that was acquired before the marriage is considered separate. This seems fairly straightforward, yet it can become complex when property acquired before the marriage was used to benefit both spouses. For example, if one spouse owns the family home, an Alabama judge is likely to consider the property to be marital if both spouses contributed financially to the mortgage payments.

2. You Can Make Decisions About Who Gets What

If you and your ex-spouse are on amicable terms, you can decide who gets what together and create a legally binding agreement. This can be done with or without mediation. If you and your ex-spouse are able to agree on how to divide the marital property, you can submit the information to the court. Negotiation and/or litigation is only necessary when one spouse contests how the property is being divided.

3. What Factors Are Considered When Dividing Marital Property?

If you and your spouse cannot agree on how to divide your marital property, an Alabama court will take into consideration several issues, including:

  • How long the marriage lasted
  • What standard of living each spouse had become accustomed to during the marriage
  • Whether one spouse was the primary wage earner, homemaker, or parent
  • The needs of each individual spouse
  • Which spouse is the primary custodian of the children, if applicable
  • The type of property and its value
  • Other sources of income that each spouse may have
  • If one spouse was at fault for the divorce, for example, in cases of adultery

When to Contact a Blount County Divorce Lawyer

If you are considering a divorce or have already started the process, it’s important that you contact a skilled Blount County divorce lawyer as soon as possible. An experienced attorney can help you go through your assets and property in detail and can help you create a legal strategy that allows you to have the property you need after the divorce is finalized.

Ted Williams, Jr. is a seasoned Alabama divorce attorney who has worked with dozens of clients during property division negotiations and litigation. He can provide you with expert legal representation and will passionately advocate for your interests and the interests of your loved ones throughout your case. Contact Attorney Williams today for a consultation by calling (205) 623-4443.