Frequently Asked Questions About Divorce
Divorce can leave your future uncertain. You may worry about your financial health, your family, your home and many other aspects of your life.
At Courtney & Mann, LLP, we understand that you have questions about the impact that your divorce will have on your life. Our Elmore County attorneys have more than two decades of experience and can help you get the answers you need.
Do I need to have a specific reason for a divorce?
While Alabama law recognizes many different grounds for divorce, Alabama courts also grant “no fault” divorces when neither spouse was at fault. These divorces are often based on “incompatibility” and/or “irreconcilable differences.”
What is going to happen to my relationship with my kids?
Alabama determines child custody based on the best interests of the child. Because parents know their children best, this means that some divorcing couples can create a child custody arrangement on their own. In other cases, the court will make a decision based on the child’s schooling needs, their health, their relationships and the parents’ ability to support their safety and well-being.
How is child custody determined?
In divorce cases, Alabama courts that are required to make this decision determine child custody based on the best interests of the child. Determining what is in the best interests of the children is based on many factors that are specific to the parents and children. However, divorcing parents can create a child custody arrangement on their own that works best for their family, if the parents can mutually agree on a custody arrangement.
What is going to happen to my retirement savings, my car, the house, furniture and all of our other property?
Alabama is what is known as an “equitable division” state, meaning that if the Courts are required to make decisions on these issues the decisions will be based on what the Court determines to be a “fair” division of these assets depending on the parties’ circumstances, length of marriage and marital history. In Alabama, any asset that was used for the “common benefit of the marriage” is subject to division. While both spouses are very likely to receive some of the marital assets following a divorce, Alabama courts are not required to divide property equally between spouses. The courts allow divorcing spouses to create their own property division, if the parties can mutually agree on a solution.
Contact Us For More Answers To Your Questions
We understand that your family is unique, and that leads to unique questions and challenges in a divorce. For answers to your questions, contact Courtney & Mann, LLP, through our online contact form or call 334-521-1454 to arrange a consultation.