In Alabama, petitioners are advised to review all applicable divorce laws that apply to their case before filing a petition. The strategy reduces unwanted delays and could present a final decree sooner. Couples who can agree to the terms of their divorce agreement don’t face an extensive waiting period. A Family Lawyer in Cullman AL assists couples who are ready to get end their marriage.
Define the Grounds
The state of Alabama allows fault-based divorce grounds, but it requires evidence of any fault-based allegations. Desertion requires the petitioner to exhaust all efforts to locate their spouse. Adultery requires photographs, text or email messages, or video to prove an extramarital affair. Domestic violence falls under the category of spousal abuse and is substantiated by a criminal conviction. Mental incapacity or insanity requires the spouse’s admission into a mental facility for at least two years. Using incarceration as the divorce grounds requires court records showing a sentence of at least two years.
Child Custody and Support
Couples retain the right to create their own custody arrangements if they agree to the terms. Joint and sole custody are available according to the most suitable arrangement for the child. Child support starts at 10% of the noncustodial parent’s income for the first child and 5% for each additional child produced during the marriage.
Spousal Support or Alimony
A couple must be married for at least ten years before a spouse receives permanent alimony. Rehabilitative or temporary alimony is available to any spouse to increase their earning capacity. It is awarded for the full duration of a college degree program. However, a spouse could agree to pay for all the college tuition and supplies in lieu of alimony. Lump sum alimony is available to a spouse if it creates a more equitable division of the marital assets.
In Alabama, divorce presents major changes for all parties involved. Divorce laws help to make the process smoother if both parties agree to the terms of the divorce. Couples who cannot reach a resolution through mediation attend a divorce trial that could last up to two years. Petitioners who want to learn more about their options contact a Family Lawyer in Cullman AL and Get Experienced Legal Counsel right now.