Once this arrangement is chosen, it remains the same, unless parents opt for a flexible visitation schedule.
Visitation rights for grandparents can be a complex issue in Alabama. The courts will make all rulings based on the circumstances of the family and what is in the best interests of the children. Grandparents that want to seek time with grandchildren should enlist the help of an experienced attorney. A lawyer can offer valuable information on the proper steps to obtain visitation with grandchildren. The court system in Alabama maintains the position that both parents are legally obligated to provide financial support for their children.
In support calculations, the payments often reflect the fact that children deserve to maintain the same standard of living as if the family had remained intact. The court has discretion in the amount a parent will pay and can lower or increase the payments as needed. Some of the factors determining child support are:. The court will assess other criteria, such as health insurance costs for children, the financial situation of each parent and daycare expenses.
The state of Alabama enforces the payment of child support. If a parent falls behind on child support or stops paying altogether, state and federal measures are in place to retrieve payments that are owed. Some of the consequences of failing to make support payments include:. The debt must be paid before the property can be sold or refinanced. Establishing paternity of children is important in order for a father to legally have parenting time with dependents.
A father can enrich the lives of his children by offering guidance, emotional and financial support. Knowing medical history of both sides of the family can help children overcome potentially life-threatening health situations. Paternity gives fathers certain privileges, such as helping to make important choices regarding the children.
Things to Consider When Divorce Involves a Special-Needs Child
Dependents can have more stability and perhaps experience a greater sense of family community with the presence of both parents. In Alabama, property is dispersed under equitable distribution laws. This means that all debt and assets that are deemed marital property will be divided between spouses in a fair and reasonable fashion. However, the distribution of items may not be split evenly between each party.
Some of the items that are typically exempt from division in the dissolution of marriage include:. The court has discretion in property division matters. If separate property has been used to benefit both spouses, the court might make an exception and divide such items. If spouses can agree on property division, rather than go to court on the issue, the process will be easier and parties will be in more control over the result. Some of the debts and assets typically allocated are:.
Alimony provides financial support to an individual after a divorce. Payments to a former spouse can be required on a temporary or permanent basis. The courts in Alabama will assess the factors of each case to rule on whether alimony should be paid. The criteria a judge will use when determining alimony are:.
For example, the court may consider vested retirement accounts as a source of income for alimony if the marriage lasted for a significant time period. A divorce can create financial instability. Prenuptial and postnuptial agreements serve as planning tools in the event of death or divorce.
Having a prenuptial or postnuptial agreement in place can offer individuals the ability to protect intended beneficiaries and investments. Other benefits of a prenuptial or postnuptial agreement include safeguarding a family business from allocation and giving spouses confidence over property matters. Prenuptial and postnuptial agreements can be useful in any marriage, regardless of the amount of property involved in the union.
Changes in life can happen abruptly, making it necessary to amend the original divorce contracts. Some of the modifications may involve the amount of alimony or child support payments to which an individual is obligated. In the case that a couple has signed a written agreement declaring neither party will seek a modification in a specified area, amendments are possible. Some of the common reasons to alter a divorce settlement include:. The issues of child custody, visitation and alimony can be impacted by any of these events and warrant an amendment to previously established contracts.
If you would like more information about the divorce laws in Alabama or the process of filing for divorce, connect with an experienced local attorney today by filling out the contact form. We make it easy to find and connect with a local divorce attorney. Need a Divorce Lawyer? Close Top Banner. A judge will grant a no-fault divorce when a couple can substantiate one of the following grounds: Incompatibility of temperament, making it impossible for parties to live together Irretrievable breakdown of the marriage and reconciliation is unsuccessful Voluntary separation for at least one year prior to filing a divorce petition The grounds for fault divorce in Alabama are: Incapacitation from entering into the marriage state Adultery Imprisonment Deviant sexual behavior Abandonment for at least one year Habitual drunkenness or illegal drug use Incurable insanity for five consecutive years Pregnancy of the wife by a man not her husband Domestic abuse A lawyer can explain the reasons seeking a fault divorce could offer you an advantage in the contested areas of child custody, alimony and property division.
The Divorce Process In Alabama The person that files for divorce is called the plaintiff in Alabama, while the other spouse is named the defendant. Divorce Waiting Period There is a day waiting period from the time the divorce is filed to when a decree can be finalized.
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Legal Separation In order to file for legal separation in Alabama, one or both parties must be a resident of the state. Contact a Birmingham. Alabama adoption attorney today. Yeatts was open and honest from the start of my consultation. During this initial consultation he provided very good advice and did not pressure me to use him as counsel. He explained all possible scenarios and potential outcomes. He researched and provided information on the judge in my case and the expectations of the court. Once I decided to hire Mr. Yeatts as my attorney, he walked me step by step through the process that we would encounter in court.
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We're open 7 days a week. Our Fresh Approach to Divorce The Yeatts Law Firm prides itself as a family law firm with a "fresh approach" to divorce, child custody and adoptions in Alabama. An Experienced Child Custody Attorney in Birmingham, AL In highly contested divorce cases, reaching an agreement outside of court is not always possible.