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Alabama Marital Legal Separation and Property Settlement with Adult...

Alabama Marital Legal Separation and Property Settlement with Adult Children

Category:

Family Law - Divorce - Separation

State:

Alabama

Control #:

AL-01901BG

Format:

Instant download

Description

This form is one that may be considered prior to divorce and may be used during divorce proceedings as set forth in the agreement.

This form could also be used in separation proceedings. Alabama recognizes legal separation, and shall enter a decree of legal separation if all of the following requirements are satisfied: (1) The court determines that the jurisdictional requirements for the dissolution of a marriage have been met. (2) The court determines the marriage is irretrievably broken or there exists a complete incompatibility of temperament or one or both of the parties desires to live separate and apart. (3) To the extent that it has jurisdiction to do so, the court has considered, approved, or provided for child custody, and has entered an order for child support in compliance with Rule 32 of the Alabama Rules of Judicial Administration. A decree of legal separation does not terminate the marital status of the parties. [Based on Alabama State Divorce Code - Chapter 2, Section 30-2-40]

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FAQ

Alabama, like roughly half of all U.S. states, follows a system called equitable distribution. Under this system, all of the debts and assets that married couples share are divided according to a principle of equity, or fairness.Each spouse's monetary and non-monetary contributions to the marriage.

When married spouses divorce in Alabama, all of their money, property and other assets are divided into two categories: separate property and marital property.Marital property, on the other hand, usually includes any assets that either spouse earned, generated, purchased or otherwise obtained during the marriage.

Marital Settlement Agreements, reached between the parties in writing and signed by the parties, become legally binding when approved by the court at the time of the final court hearing.Once approved by the court, such post judgment stipulations do become legally binding and enforceable between the parties.

While divorce laws vary by state, here are the basic steps: First, you must meet the residency requirements of the state in which you wish to file. Second, you must have grounds (a legally acceptable reason) to end your marriage. Third, you must file divorce papers and have copies sent to your spouse.

There is no set formula in Alabama divorce law for determining the amount of alimony. In simple terms, the amount of alimony is dependent on the needs of the receiving spouse and the ability of the paying spouse to pay alimony.

The spouse who files first in the divorce is the plaintiff. The other spouse is the defendant.The other spouse may only be able to react or respond to the other spouse's strategy moves. A good Alabama attorney can sometimes force the plaintiff into a defensive position and manage to do some things first.

Alabama is an equitable distribution state. This means the divisions of assets and liabilities should be fair and equitable. This does not mean 50/50. The property that each spouse brought into the marriage is considered his/her separate property and is awarded back to the spouse upon divorce.

Alabama law has two categories of assets for divorcing couples: separate property and marital property. With only certain exceptions, anything that either spouse owned before the marriage is considered separate property.Instead, Alabama divides assets under the more nuanced legal doctrine of equitable distribution.

Alabama is considered an equitable distribution state, as opposed to a community property state. What this means is property and debts shared by divorcing parties are divvied up in a way that is most fair and equitable.

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