Alabama law requires a division of marital property to be equitable, meaning that it must be fair. Some couples are able to agree on their own about how to divide property, while others use the help of attorneys or a mediator to negotiate a settlement.
These assets are subject to division during divorce. A lawyer can help protect your interests. Although Alabama’s property division law may sound simple enough, in practice it can be highly complex and difficult to apply. As a result, property division is often one of the most difficult and contentious parts of the divorce process.
Alabama law requires the courts to order a division of property that is fair to the parties given the circumstances of the divorce. The court may look at such factors as the length of the marriage, the fault of the parties in the divorce and the value of the property each spouse will receive.
And, after a divorce, this community property is equally divided. Alabama, like most states, has no community property laws on the books, therefore allowing for more flexibility (and more uncertainty) in property division following a divorce. Marital Property Laws in Alabama. Each state may have unique marital property laws. Marital property ...
A Alabama property division order is a court order issued by a court order issued by a judge, describing how property is to be divided between spouses following a divorce. A property division order is a binding legal obligation, and failure to comply with the terms in full by either spouse can result in being charged with contempt of court .
In Alabama, the courts generally accept a fair and reasonable property division the parties agree to, but if the parties cannot agree, the Circuit Court divides the marital estate within the Judgment of Divorce. Alabama is an equitable distribution state. Equitable does not mean equal, or even half, but rather what the Circuit Court considers fair.
At the Littrell Law Firm, we handle property division divorce cases in Huntsville, Decatur, Athens, Hartselle and other cities throughout north Alabama. Marital Property Division You and your spouse may have been married for many years or for a shorter duration.
Understanding the Law: Property Division in Alabama Divorce. ... and there are many factors that play into how the court ultimately rules regarding the division of property. Alabama is an equitable distribution state, meaning that when couples cannot come to an agreement as to how property should be divided then the court will divide property ...
Alabama is an “equitable distribution” state. This means that the division of property, assets, and debts should be fair and equitable. However, this does not necessarily mean that they are equal. There is no fixed standard to decide property, meaning that each case is decided separately based on its facts.
Each jurisdictional court usually has a domestic relations or a family law department or division. In an uncontested divorce, both parties may file in any county they choose. A legal ground for Divorce must be alleged in the Complaint. Alabama requires a 30-day waiting period after filing the Complaint before the divorce may become effective.