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Alabama Homestead Declaration following Decree of Legal Separation or Divorce

Category:
Real Estate - Homesteads
State:
Multi-State
Control #:
US-02099BG
Format:
Word; 
Rich Text
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Description

Ordinarily, the declaration must show that the claimant is the head of a family. In general, the claimant's right to select a homestead and to exempt it from forced sale must appear on the face of the declaration, and its omission cannot be supplied by extraneous evidence. Under some statutes, a declaration of homestead may be made by the owner or by his or her spouse.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Homestead Declaration Following Decree Of Legal Separation Or Divorce?

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FAQ

It involves what are sometimes referred to as ?morality? or ?paramour? clauses that are written into divorce agreements involving children. Typically, they are put in place to prevent cohabitation or overnight visits of the opposite sex while that parent has the children.

If only one former spouse seeks modification, he or she files a Petition to Modify the Decree. Both parties must then attend a hearing at which the petitioner (plaintiff) will state his or her case and the other spouse may rebut the argument. The judge will consider the arguments and approve or deny the petition.

The Process To Modify Your Alabama Divorce You must petition a judge to modify your divorce agreement. If both parties agree to the modification, you can complete, sign and file an Amend Settlement Agreement with the court.

In the context of divorce and child custody issues, parties that disagree with judges' rulings can move to vacate, amend, or alter them. If a trial court issues a divorce order, that order can also be appealed. Alabama laws refer to the person filing an appeal as an appellant and the other party as a respondent.

The terms of a divorce order are binding, but they aren't set in stone. Modification of these terms is possible. The court order for a change is known as a ?modification? in AL. In effect, you can pursue a modification at any time following the last order.

Meanwhile, Alabama recognizes an action known as legal separation, which is where the spouses officially divide their marital property and, if they have minor children together, their parenting time, without getting legally divorced.

Similarly, if the property was used for the benefit of the marriage, it could be deemed marital property, even if it was separate at the outset. This is sometimes referred to as ?commingling? property.

State law does not mandate couples undergo a period of separation before they get divorced. However, in some cases, judges have been known to issue temporary separation orders before he or she will grant a divorce.

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